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02/03/87
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02/03/87
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Meetings
Meeting Document Type
Agenda
Document Title
Planning and Zoning Commission
Document Date
02/03/1987
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-4- <br /> <br />property for office building purpose was to discourage competition with <br />Southdale, and that this purpose was not constitutional. The Minnesota <br />Supreme Court, in this case, Pearce v. Village of Edina, 118 N.W.2d 659 <br />(1962) invalidated the Village o---6¥-Ed-i-na zoning 6-Fdlnance, and held that <br />municipalities could not use their zoning ordinances as a means of <br />discouraging competition. A similar result occurred in the case of Metro <br />500 v. City of Brooklyn Park, 211 N.W.2d 358 (1973). In this matter~ <br />C-i-i~y-of-B-f¥oRlyn Park was approached by a landowner for a permit for the <br />construction of a gas station in a con~nercial zone at an intersection where <br />two gas stations already existed, and th~s would be the third §as station. <br />The city was concerned that three gas stations could not possibly compete <br />and survive in one location such as this, and that ultimately one or more <br />of the stations would close, thus resulting in a blighted corner. Again, <br />it was held that the zoning ordinance could not be used as a means of <br />regulating competition, and the city was compelled to issue a permit for <br />the construction of the §as station. <br /> <br />One case of note in Minnesota is the case of Naegele Outdoor Advertising <br />Co., v. Village of Minnetonka, 162 N.W.2d 206 (1968). In this case, <br />l~eg'eTe Outdoor X-~vert~s~ng Co., a billboard company, challenged a zoning <br />ordinance adopted by the Village, which prohibited billboard signs from <br />certain areas of the co~nunity, and required that existing billboards be <br />removed from these areas within three years of the effective date of the <br />ordinance. The billboard company sought a court order declaring the <br />ordinance unconstitutional. They argued that the ordinance bore no <br />reasonable relationship to the protection of the public health, safety, <br />morals or general wel'fare of the 'community. The argument was that any <br />zoning ordinance regulating billboards must be based only on aesthetics, <br />and aesthetics were not a compelling enough factor to constitutionally <br />justify the regulation of billboards. In this case, the Minnesota Supreme <br />Court took a very broad view of what furthered the general welfare of a <br />conimunity and held that the ordinance did promote the general welfare. The <br />court held: <br /> <br />" A zoning regulation need not be a necessity, but need only be <br />s~b~t~ntially related to promoting the general welfare of the <br />community to meet the constitutional requirement of reasonableness." <br /> <br />This broad definition of general welfare and broad reading of what promotes <br />the health, safety, morals and general welfare has consistently been <br />followed by the Minnesota Supreme Courts. <br /> <br />C. Specific Constitutionality. <br /> <br />By far, the most common challenge and most common reason for which zoning <br />o~,~nances are invalidated, is because the ordinance is unconstitutional as <br />a2plied to a specific piece of property. Two provisions of the <br />constitution are particularly applicable. First, the constitution provides <br />"!~t private property shall not be taken for public use without the payment <br /> <br />concepts individually. <br /> <br /> <br />
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