Swanson v. City of Bloomington

421 N.W.2d 307, 1988 Minn. LEXIS 56, 1988 WL 23917
CourtSupreme Court of Minnesota
DecidedMarch 25, 1988
DocketC3-86-782
StatusPublished
Cited by54 cases

This text of 421 N.W.2d 307 (Swanson v. City of Bloomington) 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
Swanson v. City of Bloomington, 421 N.W.2d 307, 1988 Minn. LEXIS 56, 1988 WL 23917 (Mich. 1988).

Opinions

OPINION

WAHL, Justice.

John Swanson and Danald Cadmus brought a declaratory judgment action in Hennepin County District Court challenging the Bloomington city council’s denial of an application to subdivide a residential lot in the Timberglade 2nd Addition into two residential lots. Swanson and Cadmus sought to establish that the city’s action was arbitrary, capricious and unreasonable and they requested an order that would compel subdivision or, in the alternative, would find that there was a taking. The district court, after a review of the record, granted summary judgment to the city. The court of appeals reversed and remanded, 395 N.W.2d 719 (1986), holding that respondents were entitled to pursue discovery and to present additional relevant evidence to the district court. We reverse and reinstate the judgment of the trial court.

The Timberglade subdivision of the city of Bloomington is unique in its densely wooded, secluded character and serves as wildlife as well as human habitat. Its single family homes are typically located on sites exceeding one acre. For thirty years, from the inception of the Timberglade subdivision until two or three years before the present suit was instituted, landowners there were governed by a restrictive covenant which prohibited subdivision of the large lots and protected its wooded, natural environment.

Danald Cadmus is the fee owner of the real property at 15 Timberglade Road in the Timberglade subdivision. John Swanson is the contract purchaser of the property and has resided there since October 1984. The property consists of a residential lot of approximately 46,000 square feet with a single-family house. Cadmus applied for approval of a preliminary and final plat subdividing the lot into two residential single-family lots. The city council (hereinafter council) held public hearings and received written reports from the city’s Director of Planning and the City Forester. The Director of Planning described the likely results of the creation of a new homesite —jeopardy to the vegetation on the lot, stress on the vegetation of the surrounding properties, increased possibility of tree disease and wind damage — and recommended that the subdivision request be denied. The City Forester concurred. A wildlife biologist, testifying on behalf of the neighbors, similarly described the disruptive effect of clearings in the woodland area, loss of windbreak benefits and loss of wildlife habitat. A number of neighbors spoke opposing the subdivision. Speaking in favor of the subdivision were Cadmus, Swanson, and a landscape architect presented by Cadmus and Swanson’s attorney.

The city council based its decision to deny approval of the preliminary and final plat on section 16.05.01(e) of the Blooming-ton City Code, which provides:

(e) In the case of all plattings, the Planning Commission or the Administrative Subdivision Review Committee, whichever is applicable, shall recommend denial of, and the City Council shall deny, approval of a preliminary or final plat if it makes any of the following findings:
(1) That the proposed subdivision is in conflict with applicable general and specific plans.
(2) That the design or improvement of the proposed subdivision is in conflict with applicable development plans.
(3) That the physical characteristics of the site, including but not limited to topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention, are such that the site is not suitable for the type of development or use contemplated.
(4) That the site is not physically suitable for the proposed density of development.
[310]*310(5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage.
(6) That the design of the subdivision or the type of improvements will be detrimental to the health, safety, or general welfare of the public.
(7) That the design of the subdivision or the type of improvements will conflict with easements of record or to easements established by judgment of a court.

Specifically, the council made findings under paragraphs (3), (5), and (6) of section 16.05.01(e), concluding that the proposed subdivision would result in substantial destruction of vegetation on the subject site, creating a large opening which would not only be detrimental to the property in question but would also jeopardize existing vegetation on adjacent properties. The council adopted the findings and memoranda of the Director of Planning and the City Forester and, on the basis of the significant destruction of vegetation made the finding in § 16.05.01(e)(3), that the site was not suitable for the type of development or use contemplated. The council made the finding in § 16.05.01(e)(5) on the basis of the environmental disruption to the site and to the entire Timberglade subdivision that would be created by approving the plat. Finally, the council noted that neighboring property owners were unanimous in their opposition to the proposed plat, and determined that the planned removal of trees and vegetation from the subject property would disrupt the overall integrity of the woodland and thereby have a negative effect on the general welfare of the persons residing in the Timberglade subdivision. On this basis the council made the finding in § 16.05.01(e)(6).

Swanson and Cadmus brought this action in district court challenging the denial of the subdivision application. The city moved for summary judgment on the record before the council, including transcripts of the hearings and other evidence submitted. The plaintiffs moved for an order compelling discovery and asked to submit additional evidence which they hoped to acquire through discovery. The district court determined that because an accurate verbatim record of the complete hearing before the city council was available, it was proper to decide the case based on a review of the record rather than by conducting the trial required of the city in Honn v. City of Coon Rapids, 313 N.W.2d 409, 416 (Minn.1981). To require a trial de novo in this case, in the district court’s view, would infringe on the decision-making process of the city and weigh against the policy of judicial economy. The district court reviewed the record of the council, and, finding evidentiary support for the council’s findings and a rational basis for the council’s decision, granted summary judgment for the city. The court of appeals reversed that judgment on the single ground that Honn v. City of Coon Rapids required a trial de novo to give respondents an opportunity to present relevant additional evidence when the parties had neither agreed to nor acquiesced in submission of the case by review of the record, and held that the granting of summary judgment was inappropriate. Swanson v. City of Bloomington, 395 N.W.2d 719, 723 (Minn.App.1986).

We granted review to examine the matter in the context of our decisions in Honn v. City of Coon Rapids, 313 N.W.2d 409, and Hubbard Broadcasting, Inc. v. City of Afton,

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Bluebook (online)
421 N.W.2d 307, 1988 Minn. LEXIS 56, 1988 WL 23917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swanson-v-city-of-bloomington-minn-1988.