The Minnesota Court of Appeals has upheld a Washington County District Court judge’s ruling upholding the city of Stillwater’s issuance of a conditional use permit to Stillwater Towing regarding plans to expand the ‘business.
Stillwater resident Thomas Coleman, the petitioner, had challenged Judge Siv Mjanger’s dismissal of his claims on summary judgment and argued that the court should order city officials to rescind the conditional use permit granted to Stillwater Towing and to require the business owner to comply with the city’s tree-cutting ordinance.
Mjanger granted summary judgment in favor of the city and Stillwater Towing and dismissed Coleman’s claims. In his order, Mjanger wrote that Coleman did not demonstrate that Stillwater Towing violated the tree-cutting ordinance or that the city failed to fulfill a mandatory duty.
“We are pleased that another court has recognized that the City of Stillwater made a well-reasoned decision when it issued a conditional use permit to Stillwater Towing to operate a business in a district zoned for light industrial use.” said Paul Merwin, of the League of Minnesota Cities Lawyers representing the city in Coleman/Forest Hills v. Stillwater.
Coleman declined to comment Tuesday on the appeals court decision.