Refund OK'd despite advice to contrary

A majority of Crow Wing County commissioners Tuesday agreed to refund a portion of a zoning fee based on an alleged conversation in 1992.

Chris Pence, land services supervisor, said Laurel Price Jones requested a zoning map amendment fee refund. Pence said Jones requested the refund based on feeling misled by a planning and zoning employee during a conversation 17 years ago.

Mark Liedl, land services director, said the property owner's argument is that the owner wouldn't have sold a parcel in 1992 had Jones known the zoning would no longer fit. Jones sold a parcel leaving the remaining lot non-conforming.

"It's too remote, in my view, to be substantiated enough to warrant a refund particularly given the service that we provided them going forward," Liedl said, noting the county recently worked with the property owners to assist them in getting a building permit for an addition on the remaining lot. "I think we've all come out even."

After searching the records, Pence couldn't find any documentation of the 1992 conversation.

Administrator Tim Houle said he was worried about the hearsay evidence and whether that would open the door for other people to make the same case for refunds. Houle said there should be a minimum level of documentation that an error occurred. The landowner has some responsibility to retain records, Houle said.

Commissioner Paul Thiede made a motion to refund half of the amount for $250 as there seemed to be some degree of complicity on the county's part.

"We don't know that any error occurred," Houle said. "We don't know that we were complicit at all. We don't know that we gave bad advice. There's not a shred of evidence that we can produce to say that we did or did not have this conversation. We don't know that we did anything wrong here."

After Houle's comments, Thiede asked County Attorney Don Ryan's opinion. Ryan said in a court of law the person seeking the refund would bear the burden of proof and he hasn't heard of evidence in this case. Ryan agreed with Houle, saying a lot of people could say they would have made a different decision 10 or 20 years ago based on something the county does today.

"I don't see evidence to support the refund," Ryan said.

The board voted 3-2 to refund the money with Thiede and Commissioners Rachel Reabe Nystrom and Doug Houge in approval and Commissioner Phil Trusty and Chairwoman Rosemary Franzen opposed.

RENEE RICHARDSON may be reached at renee.richardson@brainerddispatch.com or 855-5852.