Minnesota case law summary by Attorney Richard Clem: zoning.

RDNT, LLC, v. City of Bloomington. MN zoning

RDNT, LLC owns the Martin Luther Care Campus located in Bloomington, Minnesota. The Campus consists of two buildings: the Martin Luther Care Center and Meadow Woods Assisted Living. In 2011, RDNT made an application for a conditional use permit to add a third building. Ultimately, the City Council, citing increased traffic in the area, denied the application. RDNT then filed a complaint and petition for mandamus with the Hennepin County District Court, which reversed the denial. The district court held that the city had misapplied some standards, misrepresented the impact of some studies, and appeared to ignore evidence contrary to its conclusion.

The city then appealed to the Minnesota Court of Appeals, which in 2014 reversed. RDNT then took the case to the Minnesota Supreme Court. The high court affirmed the court of appeals and ruled in favor of the city. In so ruling, it held:

1. The City's decision to deny the conditional use permit application on the ground that the proposed use would be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and welfare was not unreasonable, arbitrary, or capricious.
2. Having considered the applicant's proposed conditions for mitigation, the City's determination that the proposed conditions were insufficient was not unreasonable, arbitrary, or capricious.

No. A13-0310 (Minn. Mar. 18, 2015)

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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