10-24-2007 Additions - Laserfiche WebLink

Home Browse Search

ANALYSIS The district court shall grant summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to judgment as a matter of law. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). On appeal, this court must view the evidence in the light most favorable to the party against whom judgment was granted. Id. Appellants argue that council member Thorfinnson had a disqualifying conflict of interest because he shared office space with his brother's law firm, which was representing Perkins in appellants' challenge to the earlier 1989 plat. In Lenz, our supreme court addressed the issue of a disqualifying conflict of interest: The purpose behind the creation of a rule which would disqualify public officials from participating in proceedings in a decision- making capacity when they have a direct interest in its outcome is to insure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis of the particular facts present. Among the relevant factors that should be considered in making this determination are: (1) The nature of the decision being made; (2) the nature of the pecuniary interest; (3) the number of officials making the decision who are interested; (4) the need, if any, to have interested persons make the decision; and (5) the other means available, if any, such as the opportunity for review, that serve to insure that the officials will not act arbitrarily to further their selfish interests. Lenz v. Coon Creek Watershed Dist., 278 Minn. 1, 15, 153 N.W.2d 209, 219 (1967). In this case, there is no evidence that council member Thorfinnson had a direct interest in the preliminary plat application According to his deposition testimony, he did not know that his brother's firm was representing the Perkins in the 1989 plat litigation until he was so informed on the day of the March 2 vote. Even if he did have a direct interest in the preliminary plat approval, application of the Lenz factors does not lead to the conclusion that he should be disqualified. He has no obvious pecuniary interest and he is not involved in any contractual way. We conclude that there is no evidence supporting any reasonable argument that a conflict occurred here. In considering zoning cases, this court reviews the decision of the city council independent of the findings and conclusions of the district court. VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503, 508 (Minn. 1983). Regardless of whether the zoning matter was legislative or quasi - judicial, we determine whether the municipality's action in the particular case was reasonable. Id. We examine the action to - 2 9 -