WALKER -- The Minnesota Court of Appeals filed a ruling July 27 reversing a Cass County District Court decision and sending the Lantern Bay plat issue back to district court.
The appeals court ruled District Court Judge Robert B. Danforth erred in granting summary judgment in favor of Cass County and Thousand Acres Development LLC, because the question of whether the appeal was made in a timely manner was based solely on the preliminary plat section of the county ordinance and did not address the final plat section.
Save Lantern Bay/Woman Lake Chain Action Committee appealed the county approval of the Ridges of Lantern Bay Plat to district court, then the district court ruling to the Minnesota Court of Appeals.
Part of what is at issue in this case is the fact that the county revised the platting ordinance between the time application was made in 2002 for this proposed plat on Lantern Bay of Woman Lake east of Hackensack and the time the county board gave final plat approval in 2003.
The appeals court ruled the Save Lantern Bay appeal to district court was made after the period for appeals of the preliminary plat, but within the period the ordinance allowed for appealing the final plat.
Also noted in the appeals ruling is that Thousand Acres Development failed to show "its expenditures on the Woman Lake parcel were unique or otherwise unusable, or that whatever rights it may have acquired would be destroyed by a revocation of the final plat approval."
"The record indicates that, if the preliminary plat approval had been revoked and subsequent review performed under the 2003 (revised) ordinance, some alteration or the layout of the plat would likely have been necessary, but certainly no fundamental, inequitable change to the subdivision."
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