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500, LLC v. City of Minneapolis
837 N.W.2d 287
Minn.
2013
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Background

  • 500, LLC owns a vacant four-story building in Minneapolis and sought to convert it to offices; it submitted a site-plan application which the City Council approved.
  • The Minneapolis Heritage Preservation Commission nominated the property for historic designation, placing it under interim protection that bars alterations without a certificate of appropriateness.
  • On May 6, 2009, 500 LLC applied to the Commission for a certificate of appropriateness; after hearings and appeals the City Council denied the application on July 31, 2009.
  • 500 LLC sued, alleging the City violated Minn. Stat. § 15.99, subd. 2(a) by failing to "approve or deny within 60 days a written request relating to zoning," claiming the application was therefore approved by operation of law.
  • The district court granted summary judgment to the City; the court of appeals affirmed. The Minnesota Supreme Court granted review.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether an application for a certificate of appropriateness is a "written request relating to zoning" under Minn. Stat. § 15.99, subd. 2(a) The application is a written request that has a logical connection to regulation of building development and property use, so the 60-day rule applies and failure to decide effects automatic approval The statute should be read narrowly to cover only requests explicitly authorized by zoning statutes/ordinances (i.e., zoning applications), so certificates of appropriateness are outside § 15.99 The court held the phrase is unambiguous and broad: a certificate-application relates to zoning and § 15.99's 60-day rule applies

Key Cases Cited

  • Larson v. State, 790 N.W.2d 700 (Minn. 2010) (statutory-interpretation standard and plain-meaning approach)
  • Morales v. Trans World Airlines, Inc., 504 U.S. 374 (1992) (interpretation of the phrase "relating to")
  • In re Denial of Eller Media Co.'s Applications for Outdoor Adver. Device Permits, 664 N.W.2d 1 (Minn. 2003) (definition of "zoning" as regulation of building development and property uses)
  • Handicraft Block Ltd. P'ship v. City of Minneapolis, 611 N.W.2d 16 (Minn. 2000) (heritage-preservation proceedings analogous to conditional-use hearings)
  • Billy Graham Evangelistic Ass'n v. City of Minneapolis, 667 N.W.2d 117 (Minn. 2003) (addressing municipal historic-designation process)
  • Calm Waters, LLC v. Kanabec Cnty. Bd. of Comm'rs, 756 N.W.2d 716 (Minn. 2008) (application of § 15.99 timing principles)
  • Advantage Capital Mgmt. v. City of Northfield, 664 N.W.2d 421 (Minn. App. 2003) (court of appeals' narrower view of "relating to zoning")
  • Frederick Farms, Inc. v. Cnty. of Olmsted, 801 N.W.2d 167 (Minn. 2011) (canon against adding words to unambiguous statute)
  • Mendota Golf, LLP v. City of Mendota Heights, 708 N.W.2d 162 (Minn. 2006) (comprehensive plan as primary land-use control)
  • Dead Lake Ass'n, Inc. v. Otter Tail Cnty., 695 N.W.2d 129 (Minn. 2005) (limits of certiorari review over quasi-judicial decisions)
Read the full case

Case Details

Case Name: 500, LLC v. City of Minneapolis
Court Name: Supreme Court of Minnesota
Date Published: Sep 25, 2013
Citation: 837 N.W.2d 287
Docket Number: No. A11-1705
Court Abbreviation: Minn.