Agenda Packets - 1985/04/22 - Laserfiche WebLink

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RICHARD MEYERS, P. A. ��. ATTONNLY AT LAW IT$@ WNUS AWNUI ST. ►AUL. MININIOTA EIIIE (QT1) Of -III, January 26, 1985 Mr. Donald F. Pauley Clerk -Administrator City of Mounds View 2401 Highway 10 Mounds View, Minnesota 55112 Re: Apple Valley Red-E-Mix v. City of St. Louis Park Dear lion: The above case which was decided on December 21, 1984 presents a zoning decision that could have some input to us. The Red-E-Mix Company commenced a lawsuit sucking to determine whether or not a 1973 zoning ordinance amendment was invalid so far as it provided for the elimination of red-e-mix plants as a permitted use in the industrial zones of the City. Red-E-Mix was the owner of the facility which was constructed in 1954. In 1959, St. Louis Park passed a zoning code which in part provided that a red-e-mix plant would be permitted in the industrial zone only if it were issued a special use permit. The special use permit war not granted and the court found that this was a pre-existing non -conforming use. In 1973, the City adopted an extensive amendment to its zoning code which eliminate 29 industrial uses as permitted uses in the City. One such use was the Red-L-Nix plant. In 1981, Red-E-Mix engaged in certain activities at the plant which the City characterized as improve- ments. The iseuo presented to the Appellate Court was whether the 1973 zoning amendments were void and unenforceable as to the Rod-E-Mix plant. ,,.,r_ Appellate Court held that :he 1973 zoning amendments insofar as they re applicable to Red-E-Mix were void and unenforceable, and that they 0.1.111 be permitted to fully operate its facilities as a pre-existing r.o.i-conforming use. Further, that the 1973 changes are void and unen- locceabie against this Red-E-Mix plant. Tie court held that absent a court determination that the Red-E-Mix plant is a public nuisance or a nuisance per se, a city simper cannot legislate a business out of existence_