Legal Question in Constitutional Law in Minnesota

I have alpaca in a city limit in which states that I am in violation of the following code:

"No person shall keep or harbor any horses, pigs, cattle, sheep, chickens/roosters or goats in this city or permit the same to be done upon the premises owned, occupied, or controlled by him except under the conditions prescribed by this Code, and then only the same or lesser number of such animals kept or harbored upon such premises and under the ownership of such land as existed on May 19, 1960."

Based off of this code- To me I am not breaking any codes, but I have received a letter saying that the city staff deems the keeping of these animals as pets as :inconsistent with the residential use of my property".

Can this hold up in a court of law? Does the city have the power to simply deem me against a code that does not reflect my situation? Any advice is helpful. What are my options?

Asked on 12/18/13, 9:29 am

2 Answers from Attorneys

Landon Ascheman Ascheman Law

Based on the language of the code, you may have a case. I would strongly suggest you meet with an attorney in your area and see what can be done. Make sure to bring the letter.

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Answered on 12/18/13, 10:05 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

This site provides general legal information not legal advice. Do confer with an attorney at this time so she/he can advise you and assist you at this time. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Law, Minnesota Governmental Entities Law, Minnesota Civil Law,

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Answered on 12/18/13, 6:20 pm

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