Hubbard Broadcasting, Inc. v. City of Afton

323 N.W.2d 757, 1982 Minn. LEXIS 1722
CourtSupreme Court of Minnesota
DecidedAugust 27, 1982
Docket81-506
StatusPublished
Cited by32 cases

This text of 323 N.W.2d 757 (Hubbard Broadcasting, Inc. v. City of Afton) 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
Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757, 1982 Minn. LEXIS 1722 (Mich. 1982).

Opinions

WAHL, Justice.

Appellants brought this declaratory judgment action against the City of Afton (Af-ton) to review Afton’s denial of a special-use permit and to secure the issuance of such a permit for the construction of a satellite station or, in the alternative, a determination that there had been a taking of property without just compensation. The district court concluded that Afton had properly denied appellants’ application for legally sufficient reasons supported by facts in the record and that there had been no compensable taking. We affirm.

In 1976, Hubbard Broadcasting, Inc. (Hubbard) sought to acquire property for the construction of a satellite communication and receiving tower, equipment building and antennae (satellite station) in an area free from electronic interference. The satellite station would permit Hubbard to receive and transmit non-network television programming via satellite. Hubbard’s agents analyzed the metropolitan and surrounding area and determined that the optimum site for the satellite station would be a Bissell’s Mound1 located in Afton on the property of Herman and Dorothy Froehner. The Bissell’s Mound would shield the satellite receiver, located at the base of the Mound, from microwave interference and also provide sufficient height for the 125-foot tower to be constructed on top of the Mound to allow Hubbard to transmit in a line-of-sight between its satellite station and its studios located in St. Paul.

The satellite station would consist of a 125-foot tower with a 2-foot-square base located on top of the Mound, a satellite communication dish 20 feet in diameter and 36 feet high located at the base of the Mound, and an equipment building located next to the satellite dish. The areas around the base of the Mound and the tower on top of the Mound would be protected by an 8-foot-high fence topped with barbed wire.

On January 5,1978, Hubbard entered into an option agreement with Herman and Dorothy Froehner for the purchase of 10 acres, the Bissell’s Mound and adjacent land, conditioned upon the granting by Afton of a special-use permit to construct the satellite station. When the Afton Planning and Zoning Commission (Commission) voted to recommend denial of a variance at its November 14, 1978, meeting, Hubbard obtained an option on an additional 7 acres, thereby complying with Afton’s 300-foot-front-age requirement and avoiding the need for a variance.

[760]*760Hubbard then applied for a special-use permit to construct its satellite station, which would occupy 1½ acres. Hubbard proposed that the remainder of the 17 acres would be left for open space and park; and, for those portions surrounding the Mound which are capable of being farmed, the Froehners would have a lease back from Hubbard to continue farming. At its. September 11, 1979, meeting, the Commission heard testimony, received exhibits from representatives of Hubbard and the public, and voted to recommend that the Afton City Council (Council) deny Hubbard’s request for the special-use permit.

The Council reviewed the transcript of the Commission’s September 11,1979, meeting and, on October 3 and 17,1979, held two hearings on Hubbard’s application. Between the Council’s hearings, two members of the Council had a private discussion regarding Hubbard’s application. At its October 17, 1979, meeting, the Council voted to deny the application on the following grounds stated orally by Council member Mucciacciaro:

[I]t does not conform to the overall intent of the comprehensive plan; does not fit with the nature of the uses in the particular area; placement of the antenna does not fit conservancy district requirements; impacts on the general welfare of the community by reason of the impact on the property values of the area; it has an adverse environmental impact; that our Planning Commission members were not satisfied that it was not technically possible to place a facility in a more suitable area; that the geologists’ report that the Bissell Mounds are geological [sic] rare, I think that’s another reason; and also I believe that is a commercial use in a zoned agricultural area which is not permitted in our ordinance.

In January 1980, Hubbard commenced this action in district court and also delivered plans and an application to the Afton Plans Inspector for the purpose of obtaining a building permit to construct a satellite station that included a 45-foot tower. By a letter dated February 6, 1980, the Afton Zoning Administrator advised Hubbard on behalf of the Zoning Administration Committee that the proposed satellite station was in an agriculture-conservancy zone and could be constructed only following the issuance of a special-use permit, and that the following would also be required: conditional-use permit, driveway permit, grading permit and building permit.

The Zoning Administrator also informed Hubbard that an appeal from the Zoning Administration Committee’s decision could be taken to the Commission or the Council. No appeal was taken, but appellants amended their complaint in district court to allege that the denial of the building permit application was arbitrary, capricious and unreasonable. .

At a pretrial conference conducted on June 3, 1980, the issue of scope of review was discussed. Hubbard and the Froehners sought a trial de novo, and Afton sought a review on the record. The district court, in an order dated June 4,1980, stated alternative procedures to be used, depending on which scope of review it followed. The order stated that, because Hubbard indicated that there were additional matters or records that should be added to the record, the parties could stipulate to additional evidence that would make the record complete and that an aggrieved party could make a motion to supplement the record. No motions were made regarding the taking of further evidence.

On August 14, 1980, the district court issued an order limiting the scope of review to the record, quashing Hubbard’s subpoenas to depose members of the Commission and Council and directing briefs to be filed on the facts with specific references to the record concerning the sufficiency of the evidence for the denial of the application.

On January 28, 1981, the district court issued findings of fact, conclusions of law and order for judgment concluding that Af-ton’s action in denying appellants’ application was not arbitrary, capricious or unreasonable and was not unlawful; that appellants were not entitled to the permits requested; that there was no unconstitutional [761]*761taking of appellants’ property; that respondents did not violate the open-meeting law; and that Afton was not entitled to judgment for additional expenses incurred in processing plaintiffs’ application. Plaintiffs appealed from the order denying their motion for a new trial.

This appeal raises the following issues:

1. Whether appellants are entitled, under the facts of this case, to a trial de novo or to a supplementary evidentiary hearing in district court.

2. Whether there are legally sufficient reasons with a factual basis in the record to support the City of Afton’s denial of Hubbard’s special-use permit application; and, if so, whether the denial was invalid because of an alleged open-meeting law violation.

3. Whether the City of Afton’s action regarding Hubbard’s building permit application for a satellite station with a 45-foot antenna was lawful.

4.

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Bluebook (online)
323 N.W.2d 757, 1982 Minn. LEXIS 1722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubbard-broadcasting-inc-v-city-of-afton-minn-1982.