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ii . I.. : •,t RICHARD MEYERS. P. A. ATTORNEY AT LAW 1790 WANUI AY,NUE 4 IT. PAUL. MINENEOTA $EIIE \\ tall) •E9.4113 January 26, 1985 PIr. Donald F. Pauley Clerk -Administrator City of Mounds View 2401 Ifighway 10 :Mounds View, Minnesota 55112 Re: Apple Valley Red-E-!Iix v. City of St. Louis Park Dear Doi: The above case which was decided on December 21, 1984 presents a zoning decision that could have some input to us. The Red-E-tMix 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-"-!4ix 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 was not granted and the court found that this was a pre-existing non -conforming use. In 1973, the City adopted an extensive amendmr_nt to its zoning code which eliminate 29 industrial uses as permitted uses in the City. one such use was the Red-L-IMix plant. In 1981, Red-E-Mix engaged in certain activities at the plant which the City characterized as improve- ments. The iesue p_esented to the Appellate court was whether the 1973 coning am2ndmunts were void and unenforceable as to the Red-L•-!Mix plant. 'noe Appellate Court held that the 1973 zoning amendm:nts insofar as they rc applicable to Red-L•'-Aix were void and unenforceable, and that they •1;.I11t be permitted to fully operate its facilities as a pre-existing I:ol-conforming use. Further, that the 1973 chanyus are void and unen- foLceable against this Red-t !Mix plant. Tale court held that absent a court determination that the Red-E-Mix plant is a public nuisance or a nuisance per se, a city simply cannot legislate P. business out of existence. C