2600 University Inn, LLC v. City of Minneapolis

556 N.W.2d 218, 1996 Minn. App. LEXIS 1299, 1996 WL 665977
CourtCourt of Appeals of Minnesota
DecidedNovember 19, 1996
DocketNo. C5-96-1031
StatusPublished

This text of 556 N.W.2d 218 (2600 University Inn, LLC v. City of Minneapolis) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
2600 University Inn, LLC v. City of Minneapolis, 556 N.W.2d 218, 1996 Minn. App. LEXIS 1299, 1996 WL 665977 (Mich. Ct. App. 1996).

Opinions

OPINION

PETERSON, Judge.

This appeal is from an amended summary judgment entered in favor of respondents in this action to amend the Minneapolis zoning ordinance. Two Minneapolis property owners argue that the district court erred in determining that (1) consent to a zoning amendment from one owner of a jointly-owned property constitutes consent to the amendment on behalf of all owners of the property and (2) consent from neighboring property owners to an amended rezoning petition is not required when the amended petition seeks a less-intensive use. We reverse.

FACTS

Respondent National Lodging Companies, Inc., filed a petition to amend the zoning ordinance of respondent City of Minneapolis to change the zoning classification of a vacant parcel of land in Minneapolis from Bl-2 to B3C-4. National intended to build on the land a luxury suite hotel with convention potential. National had signed a purchase agreement for the property, and the property’s owner, McGraw-Edison Company, had authorized National to seek the zoning amendment on its behalf before execution of the final purchase agreement.

Under Minn.Stat. § 462.357, subd. 5 (1994), a zoning ordinance in a city of the first class cannot be amended until a written consent to the amendment from the owners of two-thirds of the property descriptions located within 100 feet of the property to be affected by the proposed amendment is filed with the city clerk. National had been provided a Hennepin County Property Information System Property Owners List that was certified by the Hennepin County Department of Property Taxation to contain the names of the owners of the seven descriptions of real estate located within 100 feet of the vacant parcel. The list identified the owners of the seven properties as McGraw-Edison; Gus Kempf, Jr.; W.J. Kuross & E.C. Kuross; W.J. & E.C. Kuross; Days Inns of America, Inc.; and Bruce Printing, Inc.1 William and Edith Kuross owned one parcel as tenants in common and the other two as joint tenants.

[221]*221National filed written consents to its petition for rezoning from McGraw-Edison; Bruce Printing; Gus Kempf, Jr.; and William J. Kuross, but not from Edith Kuross. The city determined that National had filed written consent from the owners of six of the seven properties located within 100 feet of the vacant parcel and, therefore, had satisfied the consent requirement in Minn.Stat. § 462.857, subd. 5.

During the rezoning proceedings, in response to concerns expressed by the city and neighborhood organizations, National agreed to amend its petition to seek a B3-2 classification for the vacant parcel, rather than the B3C-4 classification sought initially. The B3-2 classification would allow National to build a suite hotel with limited meeting room space and the ability to provide only continental breakfast service. National asked the city to advise it if a new application was required to proceed with the rezoning, and the city permitted National simply to amend its original petition for rezoning. The city did not require National to file written consent to the amended petition from neighboring property owners. The city passed an ordinance rezoning the vacant parcel from Bl-2 to B3-2.

Appellants 2600 University Inn, LLC, and University Holdings, Inc., opposed National’s rezoning petition throughout the proceedings. Appellants each own real property located 120 feet from the vacant parcel. Appellants sued the city. The parties allowed National to intervene, then brought cross-motions for summary judgment.

The district court granted summary judgment for respondents. The court noted that Minn.Stat. § 462.357, subd. 5, did not define “owners.” The court found persuasive the city’s longstanding interpretation of Minn. Stat. § 462.357, subd. 5, that the consent of any one owner of jointly-owned property constitutes consent of the owners. The court also held that National was not required to file written consent to the amended petition from the owners of two-thirds of the neighboring properties because the B3-2 classification sought in the amended petition allowed a less-intensive use than the B3C-4 classification sought in the original petition.

ISSUES

1. Does Minn.Stat. § 462.357, subd. 5 (1994), require National to file written consent to the zoning amendment from all owners of jointly-owned property?

2. Does Minn.Stat. § 462.357, subd. 5 (1994), require National to file written consent to its amended rezoning petition?

ANALYSIS

On appeal from a summary judgment, we must examine the record to determine whether any genuine issues of material fact exist and whether the district court erred in applying the law. Offerdahl v. University of Minn. Hosps. & Clinics, 426 N.W.2d 425, 427 (Minn.1988). Statutory interpretation is a question of law subject to de novo review. Schumacher v. Ihrke, 469 N.W.2d 329, 332 (Minn.App.1991). In a zoning case, we must independently examine the zoning agency’s decision without according any deference to the district court’s review of that decision. St. Croix Dev., Inc. v. City of Apple Valley, 446 N.W.2d 392, 397 (Minn. App.1989), review denied (Minn. Dec. 1, 1989).

Generally, because zoning is a legislative act, a rezoning ordinance must be upheld unless the new zoning classification is unsupported by any rational basis or amounts to a taking without compensation. State, by Rochester Ass’n of Neighborhoods v. City of Rochester, 268 N.W.2d 885, 888 (Mmn.1978). But

there is no such presumption of validity of an ordinance as against the objection that no power existed under charter or statute to enact it.

6 Eugene McQuillin, The Law of Municipal Corporations, § 22.31, at 462 (3d ed.1988).

The consent provision in Minn.Stat. § 462.357, subd. 5 (1994), at issue here is jurisdictional. See Beck v. City of St. Paul, 304 Minn. 438, 444-47, 231 N.W.2d 919, 923-24 (1975) (jurisdictional requirements of Minn.Stat. § 462.357, subd. 5, met if record shows requisite number of consents existed when zoning ordinance was amended); LaC[222]*222ourse v. City of St. Paul, 294 Minn. 338, 344, 200 N.W.2d 905, 909 (1972) (when there was no factual basis for city’s determination that dispensed with need to obtain consent from owners of two-thirds of affected property, city lacked jurisdiction to rezone). Accordingly, the deferential standard of review generally accorded to a city’s zoning ordinances does not apply in this case. See Beck, 304 Minn. at 44449, 231 N.W.2d at 922-25 (supreme court first determined whether jurisdictional requirements of Minn.Stat. § 462.357 were met, then discussed deferential standard of review generally applied to ordinances and applied this standard to determine whether zoning amendment was valid).

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Related

Schumacher v. Ihrke
469 N.W.2d 329 (Court of Appeals of Minnesota, 1991)
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Offerdahl v. University of Minnesota Hospitals & Clinics
426 N.W.2d 425 (Supreme Court of Minnesota, 1988)
Northern States Power Co. v. Williams
343 N.W.2d 627 (Supreme Court of Minnesota, 1984)
St. Croix Development, Inc. v. City of Apple Valley
446 N.W.2d 392 (Court of Appeals of Minnesota, 1989)
Hamblett v. Nashua
156 A.2d 134 (Supreme Court of New Hampshire, 1959)
Krost v. Moyer
207 N.W. 311 (Supreme Court of Minnesota, 1926)

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Bluebook (online)
556 N.W.2d 218, 1996 Minn. App. LEXIS 1299, 1996 WL 665977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/2600-university-inn-llc-v-city-of-minneapolis-minnctapp-1996.