Laserfiche WebLink
II. A related principle: the limited statutory power of a local zoning <br />authority to impose on itself a moratorium on further decisions <br />regarding applications. <br />A. The power of cities to impose a moratorium temporarily halting <br />decisions regarding particular kinds of development was once implied <br />from cities' broader powers to plan. Almquist, 245 N.W.2d at 825-26. <br />1. The Legislature, which had previously provided explicit <br />statutory authority to counties (but not cities) to adopt <br />moratoria, then became involved in the process, adopting Minn. <br />Stat. § 462.355, subd. 4, and then amending it, most recently in <br />the 20041egislative session. <br />2. First the Minnesota Court of Appeals, and later the U.S. <br />Supreme Court, found that moratoria do not result in a <br />categorical taking of property without just compensation, <br />simply because there is a period in which the property may not <br />be put to reasonable economic use. Woodbury Place Partners <br />v. City of Woodbury, 492 N.W.2d 2S8 (Minn. Ct. App. 1992), <br />rev. denied (Minn. Tan. 15, 1993). "Delaying the sale or <br />development of property during the governmental decision- <br />making process may cause fluctuations in value that, absent <br />extraordinary delay, are incidents of ownership rather than <br />compensable takings." Id. See also Tahoe-Sierra Preservation <br />Council, Inc., v. Tahoe Regional Planning Agency, 535 U.S. <br />302 (2002) (a temporary moratorium did not automatically <br />constitute a taking). <br />3. As the Court of Appeals has recognized, "Policy concerns <br />weigh heavily in favor of permitting municipalities to enact <br />interim stays on conditional use permit applications." <br />Wedemeyer, 540 N.W.2d at 542. "Under the general police <br />powers, municipalities may enact a moratorium on <br />development as long as it is of limited duration and appropriate <br />studies or zoning ordinances are expeditiously adopted." Id. <br />More recently, in Pawn America v. City of St. Louis Park, the <br />Court of Appeals held that "A moratorium falls within a city's <br />general police powers if it is limited in duration, appropriate <br />studies are conducted, and zoning ordinances are expeditiously <br />adopted." (emphasis added}. <br />7 <br />