INFORMATION #3 07-15-1996 - Laserfiche WebLink

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DOHERTY RUMBLE & BUTLER Attorneys at Law TO: FROM: RE: DATE: 3500 Fifth Street Towers I50 South Fifth Street Minneapolis, Minnesota 55402-4235 Telephone (612) 340-5555 FAX (612) 340 5584 Writer's direct dial number: 2800 Minnesota World Trade Center 30 East Seventh Street Saint Paul, Minnesota 55101-49'49 Telephone (612) 291-%33 FAX (612) 291-9313 MEMORANDUM Mayor Hank Duitsman and Members of the City Council City Attorney Peter Beck, Cargill July 9, 1996 1401 New York Avenue, N.W. Suite i100 Washington, D.C. 20005 Telephone (202) 393 2554 FAX (202) 393 3131 2970 t~ne I-aN*r Center 12Il/) Sexenteenth Street l)enxer, Colorado 802(/2-5823 telephone (303) 572-6200 [A~, (303) 572-6203 Reply to Minneapolis office The staff has asked that I advise the City Council with respect to a letter dated June 24, 1996 from Cargill's attorneys to Scott Harlicker. This letter makes several inaccurate statements of fact, and then threatens litigation against the City if staff does not recommend and the City does not adopt a specific zoning ordinance amendment. Municipal zoning actions, including rezonings and text amendments, are legislative acts with respect to which the City has a great amount of discretion. The City's actions are presumed valid, and the courts will not interfere, unless: The zoning action effects an unconstitutional taking; or The zoning action exceeds the powers delegated to the city by state law; or The zoning action is unsupported by any rational basis. These are very difficult standards for a property owner to meet. In my view, a decision to rezone to light industrial property which is located along a state trunk highway and recently included in the City's urban service district is well within the scope of the City's zoning authority. The same is true with respect to decisions about what uses to allow within the light industrial zoning district. This is not to say that Cargill cannot or will not sue the City. If the largest corporate entity in the state wants to hire the largest law firm in the state to sue to the City of Elk River, we cannot prevent that. However, in my view, such a lawsuit, if a facial attack on the rezoning described above, would be without merit to the point of being nearly frivolous. I encourage the City Council not to be intimidated by Cargill's attorney's threats, and to make its zoning decisions based on what, in the City Council's judgment, is in the best interests of all the citizens of Elk River. Dave Sellergren will be at the Council meeting on July 15 to answer any questions you might have. Please feel free to call him (340-5571) if you would like to discuss this further before the Council meeting. PXB 126075.02