In re Proposed Locke Lake Project

528 N.W.2d 875, 1995 Minn. App. LEXIS 290, 1995 WL 78232
CourtCourt of Appeals of Minnesota
DecidedFebruary 28, 1995
DocketNo. C5-94-1493
StatusPublished

This text of 528 N.W.2d 875 (In re Proposed Locke Lake Project) 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
In re Proposed Locke Lake Project, 528 N.W.2d 875, 1995 Minn. App. LEXIS 290, 1995 WL 78232 (Mich. Ct. App. 1995).

Opinion

OPINION

KLAPHAKE, Judge.

The Rice Creek Watershed District Board of Managers (managers) approved the Locke Lake improvement project in 1993. Respondent Ramsey County appealed the managers’ order to the district court. Appellant City of Fridley challenges the district court’s order which in part granted Ramsey County’s motion for summary judgment and Ramsey County seeks review of the district court’s order which in part granted Fridley’s and the managers’ motions for summary judgment. We affirm in part, reverse in part and remand.

FACTS

The managers adopted a water resource management plan (management plan) in 1990, pursuant to the Metropolitan Surface Water Management Act, Minn.Stat. §§ 103B.201-.251 (1990). The management plan included the Locke Lake Improvement Project (the project), a man-made lake in Fridley. The project’s goal was to remove accumulated sediment in Locke Lake’s east basin. The plan was a five-year capital improvement program which went into effect in October 1990. See Minn.Stat. § 103B.205, subd. 3 (1990).

In 1992, the managers sought to amend the project by increasing the estimated cost and authorizing ad valorem funding for the Rice Creek Watershed District (the district). Pursuant to the management plan’s amendment procedures, the managers first gave notice of the proposed amendment and held public hearings for comments. In December 1992, the managers resolved to amend the project as proposed. On July 14, 1993, the managers issued findings of fact, conclusions [877]*877of law, and an order approving the amendment (managers’ order). The amendment increased the cost of the project from $504,-000 to $588,000. The managers also certified the project’s cost to the four counties in the district pursuant to Minn.Stat. § 103B.251 (1992). Based upon property values of all taxable property within the district, Ramsey County was assessed $388,734.00, over 66% of the cost, despite having only 27% of the district’s land within its borders.

On appeal, the district court granted Ramsey County’s summary judgment motion in part, concluding that it had subject matter jurisdiction under the Watershed Act, Minn. Stat. § 103D.535 (1992) and that the managers’ failure to follow the amendment procedures for management plans in Minn.Stat. § 103B.231 (1992) invalidated the managers’ order. The district court also granted in part the summary judgment motions of Frid-ley and the managers, concluding that Minn. Stat. § 103B.251, subd. 1 (1992) authorizes the managers to finance the project by district-wide ad valorem taxation.

Fridley appealed summary judgment to this court, arguing that the district court: (1) lacked subject matter jurisdiction; (2) erred in concluding that the management plan’s amendment procedures had expired; and (3) erred in reversing the findings and conclusions in the managers’ order without limiting its review to the factors set forth in Minn. Stat. § 103B.251, subd. 4 (1992). Ramsey County argues that the district court erred in concluding that district-wide ad valorem funding was proper without an analysis of the corresponding benefits to the assessed property under Minn.Stat. § 103B.251, subd. 3(b) (1992).

ISSUES

1. Did the district court have subject matter jurisdiction under chapter 103D to review the managers’ order which was issued pursuant to chapter 103B?

2. Did the management plan’s amendment procedure expire in 1990, invalidating any amendment pursuant to the plan?

3. In reviewing the managers’ order, was the district court limited to a consideration of the specific factors listed in Minn.Stat. § 103B.251, subd. 4?

4.Did the metropolitan surface water management statute authorize the funding of a capital improvement project through district-wide ad valorem taxation under Minn. Stat. § 103B.251?

ANALYSIS

On appeal from summary judgment, this court must determine (1) whether any issues of material fact exist, and (2) whether the trial court erred in its application of the law. See State by Cooper v. French, 460 N.W.2d 2, 4 (1990). The evidence must be viewed in the light most favorable to the party against whom judgment was entered. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993) (citing Abdallah, Inc. v. Martin, 242 Minn. 416, 424, 65 N.W.2d 641, 646 (1954)).

I. Subject Matter Jurisdiction

Fridley argues that the district court has no jurisdiction to review managers’ orders. It asserts that the Board of Water and Soil Resources (BWSR) has exclusive subject matter jurisdiction over appeal of managers’ orders under Minn.Stat. § 103B.23Í, subds. 9, 13 (1992). It is true that chapter 103B’s review procedures do not involve the district court. See Minn.Stat. §§ 103B.231, subd. 9 (BWSR shall resolve disputes between counties concerning capital improvement plan); 103B.231, subd. 13 (BWSR shall establish procedure for resolving disputes concerning capital improvement plan implementation); 103B.345 (1992) (resolution of disputes by BWSR with right of appeal to court of appeals). Ramsey County, however, appeals the managers’ order under Minn.Stat. § 103D.535, subd. 1(a) (1992), which provides:

any party * * * may appeal to the district court or to the board [of water and soil resources] an order of the managers made in a proceeding relating to a project * * * that determines:
(1) the amount of benefits determined;
(2) the amount of damages allowed;
(3) the allowance of fees or expenses in any proceedings;
[878]*878(4) a matter in the proceeding that affects a substantial right; or
(5) an order of the managers authorizing or refusing to establish a project in whole or in part.

Id. Minn.Stat. § 103D.535, subd. 1(b) also limits district court review to projects. We conclude that the district court had jurisdiction to review the managers’ order under section 103D.535, subd. 1(a) because the orders: (1) established the project; (2) determined the benefits inuring to property by establishing the scope of the project; and (3) affected a substantial right of Ramsey County taxpayers by certifying the amount of tax to be levied. See Minnehaha Creek Watershed Dist. v. Gayle’s Marina Corp., 461 N.W.2d 224, 225 (Minn.1990) (district court can review watershed district permit decisions because section 103D.535 authorizes review of orders from “any proceeding” which “affects a substantial right”).

Moreover, our reading of the interplay between chapters 103B and 103D is that 103B governs metropolitan surface and ground water management, whereas 103D is generally applicable to watershed districts. Additionally, the administrative review procedures under 103B are directed at disputes over the detail of capital improvement plans, Minn. Stat. § 103B.231, subd. 9, and the implementation of those plans, Minn.Stat. § 103B.231, subd. 13. At issue here, on the other hand, is whether the law was followed in amending a specific project.

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Related

Abdallah, Inc. v. Martin
65 N.W.2d 641 (Supreme Court of Minnesota, 1954)
Sullivan v. Credit River Township
217 N.W.2d 502 (Supreme Court of Minnesota, 1974)
Edward Kraemer & Sons, Inc. v. Village of Burnsville
245 N.W.2d 445 (Supreme Court of Minnesota, 1976)
MILBANK MUTUAL INSURANCE COMPANY v. Kluver
225 N.W.2d 230 (Supreme Court of Minnesota, 1974)
State Ex Rel. Cooper v. French
460 N.W.2d 2 (Supreme Court of Minnesota, 1990)
Fabio v. Bellomo
504 N.W.2d 758 (Supreme Court of Minnesota, 1993)
Minnehaha Creek Watershed District v. Gayle's Marina Corp.
461 N.W.2d 224 (Supreme Court of Minnesota, 1990)

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Bluebook (online)
528 N.W.2d 875, 1995 Minn. App. LEXIS 290, 1995 WL 78232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-proposed-locke-lake-project-minnctapp-1995.