Calm Waters, LLC v. Kanabec County Board of Commissioners

756 N.W.2d 716, 2008 Minn. LEXIS 497, 2008 WL 4346312
CourtSupreme Court of Minnesota
DecidedSeptember 25, 2008
DocketA06-2019, A06-2361
StatusPublished
Cited by8 cases

This text of 756 N.W.2d 716 (Calm Waters, LLC v. Kanabec County Board of Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Calm Waters, LLC v. Kanabec County Board of Commissioners, 756 N.W.2d 716, 2008 Minn. LEXIS 497, 2008 WL 4346312 (Mich. 2008).

Opinions

.OPINION .

PAGE, Justice.

Respondent Calm Waters, LLC, submitted for approval an application for a preliminary plat located in Kanabec County, Minnesota. We are asked in this consolidated appeal to determine (1) whether the 60-day rule set out in Minn.Stat. § 15.99 (2006) applies to subdivision applications, and (2) if so, whether the appellants Kana-bec County Board of Commissioners, Kan-abec County Planning Commission, and Kanabec County Environmental Services [718]*718(collectively, the County) complied with the 60-day rale in this case. Because we conclude that even if the 60-day rale applied, the County did not violate it, we decline to reach the question of whether section 15.99 applies to subdivisions. We reverse the court of appeals and hold that the County’s denial of Calm Waters’ application was valid and timely.

On July 26, 2006, Calm Waters submitted an application to the County for approval of a proposed subdivision on shore-land property in Kroschel Township. The County provided an application form, which required, among other things, a “Township approval letter.” Calm Waters enclosed no township approval letter, however, based on its contention that no letter was required by statute or by the Kanabec County Subdivision Platting Ordinance (Platting Ordinance). Consequently, on August 8, the County returned the application as incomplete. Calm Waters resubmitted an identical application on August 14, insisting that no township approval letter was required.

On September 7, 2006, a notice appeared in the local paper indicating that the Kana-bec County Planning Commission “[w]ill hold its regular monthly meeting” on September 20, 2006. Calm Waters objected, arguing that by failing to identify the meeting as a statutorily required public hearing, the County had violated Minn. Stat. § 394.26 (2006).1 The County responded to Calm Walters’ objection on September 18, stating that,

[a]t this time, per [Minn.Stat. § 15.99, subd. 3], Kanabec County Environmental Services will be extending the time limit an additional 60 days so as to address the issue of improper notification as stated in your correspondence.
[[Image here]]
A Public Hearing notice will be given for an October 2006 meeting.

The September 20 meeting proceeded, with Calm Waters and its counsel in attendance. At the meeting, several members of the public spoke out against the proposed subdivision, but no action was taken on the application.

Sometime after the September 20 meeting but before the October meeting, Calm Waters petitioned the Kanabec County District Court for a writ of mandamus directing the County to approve the preliminary plat. Calm Waters argued that the County had failed to deny its application within 60 days as required by Minn. Stat. § 15.99, subd. 2(a), and therefore the application was approved as a matter of law.2 The district court denied Calm Waters’ petition, and Calm Waters filed a notice of appeal with the court of appeals.

The County held its next meeting to discuss the subdivision application on October 18, 2006.3 At the meeting, the [719]*719County decided to deny the application due to the failure to comply with township requirements and county ordinance, stating “[t]he proposed lot sizes do not meet the 20 acres required for lot size within Kroschel Township.” Calm Waters appealed the Planning Commission’s denial of the application to the Kanabec County Board of Commissioners. Calm Waters’ appeal to the County Board was not considered because the Platting Ordinance does not provide for such an appeal.

Next, Calm Waters petitioned the court of appeals for a writ of certiorari to review the County’s denial of the application. The court of appeals consolidated Calm Waters’ appeal of the district court’s denial of mandamus and its petition for a writ of certiorari and, in an unpublished opinion, holding that Calm Waters’ application was approved by operation of law under section 15.99, subdivision 2(a), reversed the district court. Calm Waters, LLC v. Kanabec County Bd. of Comm’rs, Nos. A06-2019, A06-2361, 2007 WL 3088590 (MinmApp. Oct. 23, 2007). The County petitioned for review, which we granted.

For purposes of resolving this case, we will assume, without deciding, that a subdivision application such as Calm Waters’ constitutes a “written request relating to zoning” within the meaning of the 60-day rule, Minn.Stat. § 15.99, subd. 2(a) (2006). That leaves us with the question of whether the County’s denial of the application was timely and proper, which requires us to construe subdivision 2(a). Statutory interpretation presents a question of law, which we review de novo. Hans Hagen Homes v. City of Minnetrista, 728 N.W.2d 536, 539 (Minn.2007). Section 15.99, subdivision 2(a), provides in relevant part: “[A]n agency must approve or deny within 60 days a written request relating to zoning.... Failure of an agency to deny a request within 60 days is approval of the request.”

Calm Waters argues that the court of appeals correctly concluded that its subdivision application was approved by operation of law. Specifically, Calm Waters contends: (1) that its application was complete when submitted on July 26, 2006, because the County did not have authority to require a township approval letter and therefore the 60-day period within which the County was required to approve or deny the application began on that date; (2) that the County’s attempt to extend the 60-day period was ineffective because the County’s Environmental Services Director had not been delegated the authority by the County to extend the time period; and (3) that, in any event, the Planning Commission’s denial of the application on October 18, 2006, was ineffective because under Minn.Stat. § 394.30 (2006) and the Platting Ordinance the Planning Commission’s authority, was limited to approval of the application and did not include denial. Thus, Calm Waters argues, its subdivision application was not denied within 60 days of its submission and was therefore approved as [720]*720a matter of law 60 days after its initial submission.

We first address Calm Waters’ argument that its application was complete when submitted because the County lacked authority to require a township approval letter. Under section 15.99, the 60-day time period for approving or denying a written zoning request begins “upon the agency’s receipt of a written request containing all information required by law or by a previously adopted rule, ordinance, or policy of the agency-” Minn.Stat. § 15.99, subd. 3(a). Further, “[a] request must be submitted in writing to the agency on an application form provided by the agency, if one exists.” Id,., subd. 1(c). “If an agency receives a written request that does not contain all required information, the 60-day limit starts over only if the agency sends written notice within 15 business days of receipt of the request telling the requester what information is missing.” Id., subd. 3(a).

Calm Waters is correct that no Minnesota statute or Kanabec County ordinance specifically requires a township approval letter.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Harstad v. City of Woodbury
902 N.W.2d 64 (Court of Appeals of Minnesota, 2017)
500, LLC v. City of Minneapolis
837 N.W.2d 287 (Supreme Court of Minnesota, 2013)
Motokazie! Inc. v. Rice County
824 N.W.2d 341 (Court of Appeals of Minnesota, 2012)
City of Cohasset v. Minnesota Power
798 N.W.2d 50 (Supreme Court of Minnesota, 2011)
Pawn America Minnesota, LLC v. City of St. Louis Park
787 N.W.2d 565 (Supreme Court of Minnesota, 2010)
In Re Petition for Disciplinary Action Against Anderson
759 N.W.2d 892 (Supreme Court of Minnesota, 2009)
Calm Waters, LLC v. Kanabec County Board of Commissioners
756 N.W.2d 716 (Supreme Court of Minnesota, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
756 N.W.2d 716, 2008 Minn. LEXIS 497, 2008 WL 4346312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calm-waters-llc-v-kanabec-county-board-of-commissioners-minn-2008.