5.1. PCSR 06-08-2010 - Laserfiche WebLink

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Case File: CCJ 1408 ERL CUP Page 2 City of E1kRiver In its challenge to the denial of the rezoning and reguiding, the Landfill had filed a motion for partial summary judgment, but it did not bring a motion for an injunction against the City. The Court's April 2, 2010 decision, which was provided to the Council the day it was received by the City, includes a declaratory judgment that the Landfill "is entitled to proceed with its proposed landfill expansion," a reference to the 2009 proposed expansion that is the subject of that suit. The City's counsel believe that the district court's declaration is the result of a misapplication of Minnesota law that will be reversed on appeal, and with the Council's support appealed that ruling at the earliest oppomuuty. Attorneys for the parties viewed the effect of this declaration in different ways. The City appealed within two weeks of the order in part because its counsel believed that "in this setting, the district court's declaration that the Landfill `is entitled to proceed with its proposed expansion' appears to either compel the City to legalize the Landfill's 2009 proposed expansion, or prohibits the City from enforcing its laws against that expansion." The Landfill, however, sought a dismissal of the City's appeal, arguing in support of that request that "the district court is not authorized under the Minnesota Declaratory Judgments Act to compel City's zoning approvals" and that the Act "does not authorize a district court to compel a municipality to make a particular decision on a zoning request." The Landfill explained that "in order to obtain its desired relief, ERL would have to pursue two separate actions. In its first action, ERL would have to, as it has done, obtain from the district court a declaration that City's failure to approve of the expansion of the SWF Overlay District onto the adjacent 109-acre SDA was arbitrary. Then, in its second action, ERL would have to obtain from the district court either a mandamus order or a mandatory injunction compelling [the] Cityto approve of the requested SWF OverlayDistrict expansion." Respondent Elk River Landfill Inc.'s Reply Memorandum of Law in Support of its Rule 127 Motion to Dismiss Appellant City of EIk River, Minnesota's Improper Appeal at 3. ('That "second action" as described by the Landfill has not yet been filed.) The Landfill stated that it was "expressly aware that its declaratory judgment claim, `standing alone,' could not compel [the] City's zoning approvals," Id. at 5, and added that "an injunction does not `automatically' follow from a declaratory judgment in the zoning context" Id. at 7. On May 12, 2010, the Court of Appeals granted the Landfill's requested dismissal of the City's appeal It explained that the Landfill had not made a motion to the district court for an injunction, and a final judgment had not been entered because the district court had not fully adjudicated the Landfill's contract claim. Neither side had argued to the court of appeals that the district court's declaratory judgment caused the SDA to be reguided to "landfill" or rezoned into the SWF Overlay District. Based on the legal authorities relied upon bythe Landfill in obtaining this dismissal, and with the benefit of the court of appeals' May 12 grant of the Landfill's motion, counsel for the City believes that the Court's April 2, 2010 Order does not compel the Cityto reguide or rezone the SDA, and that the Citywill not be compelled to do so unless and until (1) the Landfill first makes a motion for an injunction compelling the reguiding and rezoning, (2) the Court grants that injunction, and (3) the Cary does not succeed in securing a stay of that injunction pending an appeal from the entry of that injunction. Therefore, the Council is advised that property to the south of the existing, historical Landfill propertyline is not guided "Landfill" and remains outside of the SWF Overlay District. At~~lication forAmended/.Renewed Conditional U.re Permit (CUP). and Solid W>arte Facilit~Licenre (ST~~;1 Z:\CommunityDevelopu~~\Platming Main\Case Files\CUP\CU 10-08 waste Managea~r¢\Staff repon to oGQT 10-08 - peterdoc