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03/10/2021 P&Z Packet
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03/10/2021 P&Z Packet
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03/10/2021
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6 <br />b. As a general rule, conflicts that would render an ordinance invalid exist only <br />when both the ordinance and the statute contain express or implied terms that are <br />irreconcilable with each other. <br /> <br />c. More specifically, and within the above framework, it has been said that conflict <br />exists where an ordinance permits what the statute forbids, or where the <br />ordinance forbids what a statute expressly permits. <br /> <br />d. In attempting to determine conflict issues, Courts say that no conflict exists if the <br />ordinance, though different than the statute, is merely additional and/or <br />complimentary to, or in aid and furtherance of, the statute. <br /> <br />e. For a representative discussion of the conflicts doctrine, see the cases Midwest <br />Mangold Co. v. Village of Richfield, 143 N.W. 2d 813 (Minn. 1966) and State of <br />Minnesota v. Apple Valley Redi-Mix, Inc., 379 N.W. 2d 136 ( Minn. App. <br />1985). <br /> <br />f. The conflicts doctrine also applies when dealing with a State Agency’s Rules. <br />See In re Denial of the Certification of the Haslund Variance, 759 N.W. 2d 680 <br />(Minn. App. 2009). <br /> <br />2. The Doctrine of Preemption. <br /> <br />a. Preemption is a doctrine that invalidates a local ordinance when the State, <br />through its body of laws, so occupies the field that there is no room left for local <br />regulation. <br /> <br />b. A court will look at 4 factors to determine this: (1) what is the subject matter <br />being regulated; (2), has the subject matter been so covered by State law as to <br />have become solely a matter of state concern; (3), has the legislature in <br />regulating the matter indicated that it is solely a matter of state concern; and (4), <br />is the subject matter itself of such a nature that local regulation would have <br />unreasonably adverse effects upon the public. <br /> <br />c. For a representative discussion of the doctrine of preemption, see the case of <br />City of Morris v Sax Investments, Inc., 749 N.W. 2d 1 (Minn. 2008). <br /> <br /> <br /> <br /> <br />
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