Communications Properties, Inc. v. County of Steele

506 N.W.2d 670, 1993 Minn. App. LEXIS 991, 1993 WL 403580
CourtCourt of Appeals of Minnesota
DecidedOctober 12, 1993
DocketNo. C2-93-341
StatusPublished
Cited by1 cases

This text of 506 N.W.2d 670 (Communications Properties, Inc. v. County of Steele) 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
Communications Properties, Inc. v. County of Steele, 506 N.W.2d 670, 1993 Minn. App. LEXIS 991, 1993 WL 403580 (Mich. Ct. App. 1993).

Opinion

OPINION

FORSBERG, Judge.

Respondent Communications Properties, Inc. (CPI) commenced the present action following a denial by the Steele County Board of Commissioners (Board) of a request [671]*671for rezoning to allow construction of a radio tower. CPI’s complaint sought money damages and a writ of mandamus ordering a conditional use permit. The district court granted partial summary judgment to appellant County of Steele as to all causes of action requesting damages relief. The remainder of the action was tried to the court, which issued a mandamus ordering the County to rezone. The County appeals from entry of that judgment. We affirm.

FACTS

CPI owns a radio station based in Albert Lea, Minnesota. Since 1982, CPI has been undertaking steps to upgrade the station from 3,000 to 50,000 watts. In January 1990, the Federal Communications Commission (FCC) granted an application for construction of a transmitter to facilitate this upgrade.

In March 1989, CPI purchased the proposed transmitter tower property. In February 1990, CPI applied for a conditional use permit, but was informed that a rezoning application was required. That application was prepared and submitted on March 5, 1990.

The Steele County Planning Commission, an advisory body appointed by the Board to make land use recommendations, recommended approval of the plan. The Board thereafter held a hearing on the matter and refused to grant the petition. The specific basis for the refusal was concern over interference with a drain tile running through the subject propex-ty. There was also citizen concern over the danger of the tower falling, lights distracting traffic, and interference with local television and radio reception.

CPI resubmitted its petition for rezoning and directly addressed the Board’s concerns. Among other things, it proposed moving the tower fmther from the drain tile. The planning commission again recommended approval of the petition and the Board again refused CPI’s request.

The Board stated its reasons for refusal, in relevant part, as follows: the land was zoned agricultural at the time of purchase; surrounding land values could be affected; safety would be compromised in the event of the tower falling; rezoning would affect future development in the area; and there would be unknown effects on the environment. No further explanation, justification, or contemporaneous findings in support of these reasons was provided.

CPI appealed the decision of the Board to the district court. In its complaint, CPI requested both legal and equitable relief. After a summary judgment motion, the portion of the complaint requesting money damages was dismissed.

At the court trial, it was noted that three previous conditional use permits for construction of radio towers were approved in agricultural zoned land. CPI also noted that the tower site, located to the southeast of the intersection between interstate highway 35 and state highway 30, also contained a gas station, a plastic manufacturer, and a farm chemical distributor, all of which are commercial operations in the area zoned agricultural.

The County admitted it had no evidence or testimony supporting its purported reasons for denial at the time of the hearing. However, the County did introduce expert testimony at trial. That expert testified that two of the reasons cited by the Board, that rezoning would affect future property development and that environmental impacts are unknown, were valid, rational reasons for denial of the petition.

The district court determined the County was unable to show any rational basis for its decision, and ordered a writ of mandamus directing the County to rezone the subject land. The County appeals.

ISSUE

Did the district court err by concluding the Board’s decision had no rational basis and was therefore an arbitrary use of its authority?

ANALYSIS

Decisions of a county board on zoning matters are subject to a “rational basis” test on review in the district court. Honn v. City of Coon Rapids, 313 N.W.2d 409, 414-15 [672]*672(Minn.1981). That is, a zoning decision “ ‘must be upheld unless opponents prove that the classification is unsupported by any rational basis related to promoting the public health, safety, morals, or general welfare.’ ” Id. (quoting State, by Rochester Ass’n of Neighborhoods v. City of Rochester, 268 N.W.2d 885, 888 (Minn.1978)).

In this ease, the County concedes that there were no contemporaneous findings attached to its decision denying CPI’s petition. Such a lack of contemporaneous findings is per se arbitrary and capricious. Kehr v. City of Roseville, 426 N.W.2d 233, 236 (Minn.App.1988), pet. for rev. denied (Minn. Sept. 16, 1988). However, the presumption that such findings are arbitrary or capricious may be rebutted at trial. Id. “New or additional evidence may be received at the trial, but it must be relevant to the issues that were raised and considered before the municipal body.” Honn, 313 N.W.2d at 416.

The County claims five separate rational bases for its decision were adduced at trial. First, the County points out that the land was zoned agricultural when the property was purchased. The County contends this somehow shows a lack of detrimental reliance on CPI’s part. However, we have found no authority requiring detrimental reliance as a prerequisite for granting an application for rezoning. Any detrimental reliance, or lack thereof, is immaterial to CPI’s petition.

Next, the County’s concerns about the effect of the tower on surrounding land values are completely without basis in the record. We recognize that in small communities, city officials may rely on their general knowledge of the area. See White Bear Docking & Storage, Inc. v. City of White Bear Lake, 324 N.W.2d 174, 177 (Minn.1982). However, in White Bear, the court was dealing with a community “as relatively small as White Bear Lake.” Id. Here we are dealing with a much larger and diverse entity, a county. Relaxing the requirement for findings based on expert opinions or other evidence should be narrowly construed as an exception to the general rule in Honn. We do not believe this is an appropriate case to apply such an exception.

Likewise, the record contains no evidence supporting the County’s claim that the tower would constitute a safety hazard. The County admits the testimony on this subject is weak, but points to testimony of a CPI official who acknowledges that if the 499' tower fell full length, it might fall on the service road running alongside interstate highway 35. However, the CPI official also testified as to the extreme unlikelihood of such an occurrence, and failed to detail what, if any, damage would ensue even if the tower did fall.

The only new evidence presented at trial was the testimony of expert Gunnar Isberg.

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Related

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Bluebook (online)
506 N.W.2d 670, 1993 Minn. App. LEXIS 991, 1993 WL 403580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/communications-properties-inc-v-county-of-steele-minnctapp-1993.