Mendota Golf, LLP v. City of Mendota Heights

708 N.W.2d 162, 2006 Minn. LEXIS 4, 2006 WL 44907
CourtSupreme Court of Minnesota
DecidedJanuary 10, 2006
DocketA04-206
StatusPublished
Cited by31 cases

This text of 708 N.W.2d 162 (Mendota Golf, LLP v. City of Mendota Heights) 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
Mendota Golf, LLP v. City of Mendota Heights, 708 N.W.2d 162, 2006 Minn. LEXIS 4, 2006 WL 44907 (Mich. 2006).

Opinions

OPINION

ANDERSON, PAUL H., Justice.

Appellant City of Mendota Heights appeals from a Minnesota Court of Appeals decision affirming a Dakota County District Court writ of mandamus, which compels the city to amend its comprehensive plan to allow respondent Mendota Golf, LLP, to turn its golf course property into a residential development. We reverse, concluding that the city did not have a clear duty to amend its comprehensive plan and the city had a rational basis to deny Mendota Golfs proposed amendment to the comprehensive plan. However, because we conclude that there is a conflict between the city’s comprehensive plan and the city’s zoning ordinance that has not been reconciled as required by Minn.Stat. § 473.858, subd. 1 (2004), we remand to the district court to issue an order directing the city to reconcile the comprehensive plan and zoning ordinance provisions.

Mendota Golf, LLP, owns a 17.5-acre tract of real property located at the intersection of Dodd Road and Bachelor Avenue in the City of Mendota Heights. Since the early 1960s, the property has been used and operated as a nine-hole par 3 golf course. At present, the character of the neighborhood surrounding the property is residential.

When Mendota Golf acquired the property in January 1995, the city’s zoning ordinance designated the property as Residential (R-l One-Family Residential), while the city’s comprehensive plan designated the property as “Golf Course” (GC). At that time, the Metropolitan Land Planning Act (MLPA) provided that a city’s zoning designations took priority over conflicting comprehensive plan designations. Minn.Stat. § 473.858, subd. 1 (1994). In R-l one-family residential districts, “[o]ne-family detached dwellings” are a permitted use and golf courses are a conditional use. The comprehensive plan and zoning designations for the property have not changed since 1995. Mendota Golf asserts that it purchased the property with the understanding that if the golf course proved unprofitable, it had the “safety net of developing the Land Parcel at some later point in time.”

During the 1995 legislative session, the legislature amended the MLPA by adding a provision directing local government units to reconcile conflicts between comprehensive plans and zoning ordinances. Act of May 17, 1995, ch. 176, § 5, 1995 Minn. Laws 593, 594-95. The amended statute, which became effective on August 1,1995, provides in relevant part:

If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by local government units in conjunction with the review, and, if necessary, amendment of its comprehensive plan required under [167]*167section 473.864, subdivision 2.1 After August 1, 1995, a local government unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan, including any amendment to the plan, or which permits activity in conflict with metropolitan system plans * * *.

Minn.Stat. § 473.858, subd. 1 (2004) (footnotes added). The amended statute also provides that an official control “shall not be considered to be in conflict with a local government unit’s comprehensive plan” if the official control “is adopted to ensure the planned, orderly, and staged development of urbanization or redevelopment areas designated in the comprehensive plan.” Id.2

Mendota Heights asserts that it “has a long history and commitment to planning which has resulted in unique residential living environments and business centers.” The city adopted its first land use plan in 1960, even before the MLPA went into effect and required communities to do such planning. The 1960 plan focused on “high quality residential neighborhoods, open space and parks and well-planned commercial and industrial areas.”

In 1979, the city adopted a comprehensive plan that incorporated regional policies and guidelines under the MLPA. The 1979 comprehensive plan placed the subject property in the land use category “(GC) Golf Course” and “guided” the land on all sides of the property as Low-Density Residential. At the time, single-family residential development surrounded the property to the north, south, and west, but the land across Dodd Road to the east was undeveloped.

The city’s 1979 comprehensive plan also set forth certain planning goals, which were reaffirmed in 2002. The goals from the 1979 plan that are most relevant to this case are: (1) maintaining the community character and identity; (2) resisting the deterioration of the environment; (3) maintaining the existing residential areas; (4) providing the optimum amount of active and passive open space for the enjoyment of all of the city’s residents; (5) encouraging the preservation of open space in the community by private property owners in a manner consistent with the comprehensive plan; (6) encouraging planned usage of existing private recreational facilities in order to avoid duplication and promote maximum enjoyment of all citizens in the city; (7) providing each neighborhood in the city with open space; and (8) preserving and enhancing the natural beauty, uniqueness, and attractive appearance of the community.

The city adopted the 2002 comprehensive plan after engaging in a three-year review process during which several public hearings were held. When the city adopted the 2002 comprehensive plan, it reaffirmed that its goals and policies remain consistent with its original vision for development. Included among the 2002 goals and policies is the preservation of green spaces, open spaces, and recreational facilities.

Low-Density Residential (LR) is the most prevalent land use category in the 2002 comprehensive plan. Land designat[168]*168ed as LR may be developed with single-family residences at a density of not more than 2.9 units per acre. The corresponding zoning classifications for LR are all One-Family Residential: R-l, R-1B, and R-1C. Other land use categories in the comprehensive plan include Commercial (LB and B), Industrial (I), Mixed Use— Planned Unit Development (MU — PUD), Public (PUB), Open Space (OS), Institutional (INS), and Golf Course (GC).

As part of its process of updating the comprehensive plan, the city “reviewed a number of parcels within the community for consistency between the Zoning Map and Comprehensive Land Use Plan.” The city apparently was anticipating the possibility that the character of some of these parcels would change. These parcels were designated as “Infill Sites” in the city’s Technical Plan. Mendota Golfs property is one of the parcels designated as an infill site. The Technical Plan indicates that the zoning designation for the property is R-l and states:

This site is currently a par-3 golf course and is guided as GC. This designation is proposed to remain. In the event that future redevelopment of this site is contemplated, careful consideration would need to be given to develop the site in a manner consistent with and sensitive to the existing low-density residential neighborhood.

Despite published notice of the city’s plans to revise its comprehensive plan, Mendota Golf did not appear before the city to request alternate “guiding” of the property-

Under the 2002 comprehensive plan, all three golf courses in the city, including Mendota Golfs property, are designated as “Golf Course.” According to the comprehensive plan:

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Bluebook (online)
708 N.W.2d 162, 2006 Minn. LEXIS 4, 2006 WL 44907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendota-golf-llp-v-city-of-mendota-heights-minn-2006.