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William K. Goodrich <br />Page 9 <br /> <br />Under the language of this statute, the Commissioner of <br />Transportation has statutory authority to adopt zoning <br />regulations affecting the area where the Gateway North Industrial <br />Airport is located. However, the statute is clear that it is a <br />discretionary authority the commissioner may exercise only in <br />circumstances where the Con~issioner deems it necessary for the <br />protection of the public safety.- The statute is also clear that <br />any zoning regulations adopted by the Commissioner of <br />Transportation are only effective until the relevant <br />municipality, county, or joint airport zoning board adopts its <br />own acceptable airport zoning regulations.3 <br /> <br /> It is our opinion that the Commissioner of <br />Transportation's statutory airport zoning authority is not <br />implicitly limited by the earlier referendum on Ordinance 87-7. <br /> <br />The Commissioner's discretion in enacting zoning regulations <br />under Minn. Stat. § 360.063, subd. 6 (1988) is not unfettered. <br />The last sentence of that statute states that "An action of <br />the commissioner taken under this subdivision is subject to· <br />review by the courts as provided in section 360.072." Minn. <br />Stat. § 360.072,. subd. 1 (1988) provides that: <br /> <br /> Any person aggrieved, or taxpayer <br />affected, by . . . any action of the <br />commissioner taken under section 360.063, <br />subdivisions 6 or 6a . wh[o] believes that <br />a[n] . . . action of the commissioner is <br />illegal may appeal in accordance with <br />chapter 14. <br /> <br /> <br />