Court of Appeals upholds Cass court decision on Gullview

WALKER -- The Minnesota Court of Appeals May 17 upheld a Cass County District Court decision to class the current Gullview operation a residential planned unit development, not commercial (a resort).

The appellate court decision upholds a district court decision that Cass County Environmental Services Department should not have issued building permits for three of six new residential units on Gullview property, nor should 18 boat slips have been allowed, nor should Cass County Board of Adjustment have upheld Environmental Service Department's decision to allow the additional cabins.

District Court Judge David Harrington had ruled three of six new building permits invalid and ordered removal of all but five boat slips for shoreline lots, plus one day use dock. That removal order was stayed pending the appeal.

Minnesota Counties Insurance Trust attorney Paul D. Reuvers, who represented Cass County in the case, said in a May 20 telephone interview the county does not plan to initiate an appeal, but would continue to be a party to the case if Gullview does appeal.

Gullview developer Thomas Steffens said Tuesday he plans to appeal to the Minnesota Supreme Court.

Timothy Yeh and Richard Kirklin, neighbors to the Gullview property, filed the initial district court case against the county and Gullview Association Inc. and Gullview Associates LLP, doing business as Gullview Resort. Gullview Inc. and Gullview Associates LLP filed the appeal to Minnesota Court of Appeals, with the county listed on Gullview's side of the appeal.

Minnesota Court of Appeals concluded "that the Cass County Board of Adjustment's actions were not reasonable," affirming the district court's finding, under the terms of Cass County's shoreland ordinance, Gullview is a residential, rather than commercial, planned unit development.

The Court of Appeals lifted the order preventing the county from ordering the docking system removed and dismissed Gullview's cross-claim against Cass County.