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-8- <br /> <br />B. Administrative Decisions. <br /> <br />Zoning decisions which apply to one specific property owner or to a few <br />property owners in the entire city are more of an administrative nature. <br />Examples of these decisions are special or conditional use permit <br />applications. These decisions often involve the application of standards <br />contained in the zoning ordinance to a specific piece of property and to a <br />specific permit applicant. The Supreme Court in Minnesota and the courts <br />of other states have not been as deferential to these types of decisions as <br />they have to the general legislative deci'sions described above. These <br />types of decisions may be attacked on the grounds that the local government <br />acted in an arbitrary or capricious manner. The Minnesota Supreme Court <br />has provided local governments with guidance to avoid difficulties in these <br />areas.. When a local governmental unit is faced with a decision, such as <br />outlined above, its action may be found to be arbitrary or caprcious unless <br />the local governmental unit identifies the basis for its determination at <br />the time the decision is made and adopts findings setting forth its <br />reasoning. Zylka v. City of Crystal, 167 N.W. 2d 45 (1969). The basis <br />for its determination must be reasonably related to the police powers <br />discussed earlier. This judicial standard is indeed much stricter than <br />that given to legislative decisions. It is thus incumbent, upon a local <br />governmental unit to give careful consideration to these administrative <br />decisions and be careful to adopt findings and conclusions which support <br />the local governmental unit's determination. Failure to do so is inviting <br />legal challenge. <br /> <br />C. Open Meeting Law. <br /> <br />Minnesota Statutes Section 471.705 requires that all meetings of state <br />agencies and local governments be open to the public. This requirement <br />includes not just meetings of the governing body, but also local co~ittees <br />and commissions. A local planning commission is subject to this act. <br />Violation of the open meeting law is punishable by a $100 fine; repeated <br />violations can result in removal from the office and temporary suspension <br />from future public office. <br /> <br />V. CONCLUSIONS <br /> <br />Authority for a local governmental unit to plan and regulate land use is <br />derived from enabling legislation. Official controls may be challenged using <br />three basic principles. First, inconsistency with the enabling legislation; <br />second, general constitutional infirmity; or third, unconstitutional <br />application of an ordinance to a specific individual. Legislative decisions of <br />local governmental units are accorded deference by the courts. Administrative <br />decisions must be supported by findings of fact and conclusions which set forth <br />the reasonable basis upon which a local decision is made. <br /> <br />3.29.83 <br /> <br /> <br />