White Bear Rod and Gun Club v. City of Hugo

388 N.W.2d 739, 1986 Minn. LEXIS 815
CourtSupreme Court of Minnesota
DecidedJune 20, 1986
DocketC3-85-805
StatusPublished
Cited by43 cases

This text of 388 N.W.2d 739 (White Bear Rod and Gun Club v. City of Hugo) 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
White Bear Rod and Gun Club v. City of Hugo, 388 N.W.2d 739, 1986 Minn. LEXIS 815 (Mich. 1986).

Opinions

SIMONETT, Justice.

We reverse the court of appeals’ ruling that a city council lacks jurisdiction to entertain an application to award a special use permit for the operation of a gun club because of the existence of a district court injunction prohibiting the gun club’s operation. We remand to the city council to prepare adequate findings of fact for its decision denying the requested amendment.

In May 1974, respondent City of Hugo issued to petitioner-relator White Bear Rod and Gun Club a special use permit to operate a gun club about 1 ½ miles east of the built-up portion of the city. The permit included a requirement that the noise level from the club’s operation, which included skeet and trap shooting, not exceed 40 decibels at any property line. Thereafter, in April 1976, in a separate proceeding brought by two environmental groups against the gun club, the Washington County District Court found that the club’s [741]*741operation would violate the Minnesota Environmental Rights Act and permanently enjoined the gun club’s operation. On appeal, we affirmed the district court’s decision, Minnesota Public Interest Research Group v. White Bear Rod & Gun Club, 257 N.W.2d 762 (Minn.1977), adding, however, that our affirmance was not intended to preclude the gun club from attempting remedial action which might bring its operation into compliance with the environmental rights act. Id. at 783.

Since then the gun club has struggled without much success to make its operation palatable to the district court, the city council, and the neighboring public. In May 1980, the district court denied the gun club’s application to remove the permanent injunction because, it said, the shooting would still adversely affect the quietude of the area.1 For over a decade now, while the gun club has used its indoor firing range, it has never been able to do outdoor skeet and trap shooting because, apparently, it has never been able to meet the 40-decibel noise limitation.

In late 1984 the gun club tried again to raise the noise level limitation, resulting in this present appeal. It applied to the Hugo City Council to amend the special use permit to allow shooting noise at a “reasonable level,” which it proposed should be 55 decibels. The gun club produced evidence that the background noise level on the club’s property was already 45.8 decibels, and that to impose a 40-decibel level on the club’s operation set an impossible, hence unreasonable, standard. On March 6,1985, following two public hearings before its planning commission, the city council denied the requested permit amendment. The gun club sought judicial review by certiorari directly to the court of appeals. The court dismissed the appeal, reasoning that because of the outstanding injunction against the gun club, “the City of Hugo had no jurisdiction to consider the Club’s application for an amendment to its special use permit.” White Bear Rod & Gun Club v. City of Hugo, 377 N.W.2d 49, 53 (Minn.Ct.App.1985).

We granted the gun club’s petition for further review to clarify procedures where two forums — a municipal body and a district court — are both exercising jurisdiction over aspects of land use of a particular area.

I.

The City of Hugo raises a threshold issue, namely, whether certiorari is the proper procedure for judicial review of a city council’s denial of an amendment to a special use permit. We conclude certiorari lies, but only for a very narrow issue.

Certiorari is appropriate to review quasi-judicial proceedings only where there is no appeal and no other adequate remedy. Plunkett v. First National Bank of Austin, 262 Minn. 231, 233 n. 2, 115 N.W.2d 235, 237 n. 2 (1962). While city council decisions on special use permits are quasi-judicial, see Honn v. City of Coon Rapids, 313 N.W.2d 409, 416 (Minn.1981), the City of Hugo argues certiorari is inappropriate here because Minn.Stat. § 462.361, subd. 1(1984), provides an adequate remedy in district court:

Any person aggrieved by an ordinance, rule, regulation, decision or order of a governing body or board of adjustments and appeals acting pursuant to sections 462.351 to 462.364 may have such * * * decision or order reviewed by an appropriate remedy in the district court * * *.

Judicial review of special use permits comes under this quoted language. [742]*742The statute is silent on what is an “appropriate remedy,” but in Honn v. City of Coon Rapids, supra, we made clear that certiorari ordinarily is no longer appropriate in reviewing any zoning matter, legislative or quasi-judicial. Id. at 416. We said a declaratory judgment or injunction action is generally more appropriate, or sometimes mandamus, although adding “there may be a quasi-judicial proceeding presenting a legal question to which certiorari still lends itself.” Id. citing Ram Development Co. v. Shaw, 309 Minn. 139, 244 N.W.2d 110 (1976) (involving an issue of parliamentary procedure). It seems to us we have here, as in Ram, a narrow legal procedural question which lends itself to certiorari, namely: Did the Hugo City Council set out its decision in proper legal form for judicial review?

But if certiorari lies, should it issue from the district court or the court of appeals? The court of appeals relied on Minn.Stat. § 480A.06, subd. 3 (Supp.1985) to conclude that a “petition for a writ of certiorari is now properly taken to [the court of appeals] rather than the district court.” 377 N.W.2d at 52. This section says the court of appeals “shall have jurisdiction to issue writs of certiorari to all agencies, public corporations and public officials * * *.” Respondent City of Hugo argues that while the court of appeals has “jurisdictional capacity” regarding certiora-ri, such review is more efficiently conducted in the district court. We agree. Section 480A.06, subd. 3, does not purport to grant exclusive jurisdiction for writs of certiorari to the court of appeals; section 462.361, subd. 1, makes clear that the district court has at least2 concurrent certiorari jurisdiction. While we conclude that henceforth an aggrieved person should seek relief first in the district court, judicial economy dictates in this instance that we reach the merits of the gun club’s appeal.

II.

We hold, as a matter of law, the Hugo City Council’s decision denying the special use permit amendment lacks any findings of fact or other explanation of its decision adequate for any judicial review.

In denying the gun club’s application, the city council cryptically listed nine “reasons” as set out below.3 These so-called reasons are nothing more than a list of the council’s sources of information and tell a reviewing court nothing about how the council may have evaluated or used this information.4

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Cite This Page — Counsel Stack

Bluebook (online)
388 N.W.2d 739, 1986 Minn. LEXIS 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-bear-rod-and-gun-club-v-city-of-hugo-minn-1986.