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510 N.W. 2d 264, R.A. Putnam & Associates, Inc. v. City of Mendota Heights, Dakota County, <br />(Mitre. App. 1994) <br /> <br />Page 1 <br /> <br />*264 510 N.W.2d 264 <br /> <br /> R.A. PUTNAM & ASSOCIATES, INC, et al., <br /> Respondents, <br /> v. <br />The CITY O1' M~NDOTA ltEIGHTS, DAKOTA <br />COUNTY, Minnesota~ Appellant. <br /> <br /> No. C2-93-1702. <br />Court of Appeals of Minnesota. <br />Jan. 11, 1994. <br />Review Denied March 15, 1994. <br /> <br /> Developer asked city to rezone property from low- <br />clonsity residential to high-density residential-planned <br />unk development. City denied the request. <br />Developer brought action to compel city to rezone the <br />property. The District Court, Dakota County, Leslie <br />M. Metzen, l., concluded that city's action was <br />arbitrary and without factual basis and ordered city to <br />rezone property, grant conditional use permit, and <br />approve sketch plan. City appealed. The Court of <br />Appeals, Schumacher, J., held that: (1) city properly <br />recorded basis for its zoning decision so as to avoid <br />presumption that its decision was arb~ary, and (2) <br />city offered legally sufficient reasons in support of <br />denial of zoning request. <br /> <br />Reversed. <br /> <br />1. ZONING AND PLANNING <br /> 414 --- <br /> 414X Judicial Review or Relief <br /> 414X(E) Further Review <br /> 41414745 Scope and Extent of Review <br /> 41414745.1 In general. <br />Mina. App. 1994. <br /> Court of Appeals independently examines city's <br />de~i_a! of rezoning request and does not accord any <br />special deference to district court's review of city's <br />action. <br /> <br />2. ZONING AND PLANNING ~::~676 <br /> 414 --- <br /> 414X Judicial Review or Relief <br /> 414X(C) Scope of Review <br /> 414X(C)3 Presumptions <br /> 414k676 Decisions of boards or officers in <br /> general. <br />Minn. App. 1994. <br /> If city council fails to record basis for zoning <br />determination at time it acts, zoning action is <br />presumed to be arbitrary. <br /> <br />3. ZONING AND PLANNING t~::>675 <br /> 414 .... <br /> 414X Judicial Review or Relief <br /> 414X(C) Scope of Review <br /> 414X(C)3 Presun~tions <br /> 414k675 Modification or amendment; <br /> rezoning. <br />Min~,App, 1994. <br /> Plnnnlng commission's preparing writte~ <br />recommendation regarding re. zoning of property, city <br />council's videotaping of its hearings, and city taking <br />minutes of p!nnnlng commission and city council <br />hearingr and transcribing council meetings at which <br />reasons for denial of rezoning were discussed were <br />enough to preclude presumption that city's decision <br />was arbitrary due to failure to make contemporaneous <br />~dings. <br /> <br />4. ZONING AND PLANNING ~:::'676 <br /> 414 .... <br /> 414X Judicial Revic-w or Relief <br /> 414X(C) Scope of Review <br /> 414X(C)3 Presumptions <br /> 414k676 Decisions of boards or officers in <br /> general. <br />Minn.App. 1994. <br /> Requirement that city make cont~poraneous record <br />of basis for zoning decision if it wishes to avoid <br />presumption that decision was arbitrary prevents city <br />from offering after the fact justifications unrelated to <br />actual reasons for initial decision. <br /> <br />5. ZONING AND PLANNING <g::~676 <br /> 414 .... <br /> 414X Judicial Review or Relief <br /> 414X(C) Scope of Review <br /> 414X(C)3 Presumptions <br /> 41410576 Decisions of boards or officers in <br /> general. <br />Minn. App. 11994. <br /> Municipality satisfies requirement that it make <br />contemporaneous record of basis for zoning decision <br />so as to avoid presumption thax decision was arbitrary <br />when it prepares re, cord within reasonable time of <br />reachin~ decision. <br /> <br />6. ZONING AND PLANNING <br /> 414 --- <br /> 414X Judicial Review or Relief <br /> 414X(C) Scope of Review <br /> 414X(C)3 Presumptions <br /> 414k676 Decisions of boards or officers in <br /> general. <br />Minn. App. 1994. <br /> <br />Copyright (c) West Oroup 1998 No claim to original U.S. Govt. works <br /> <br /> <br />