Legal Question in Civil Litigation in Minnesota

Do i have the right to sue a city and/or city council? [ In 2013 the city council went on record as saying they could not rezone a lot as was being requested as it would constitute "spot zoning," and they gave the lot owner 30 days to come into compliance.��(I relied on this information and put in an offer on my house only after they issued that decision, the decision was published in the paper and the 30 days had passed.)It's been nearly three years, and the city has yet to bring the lot into compliance even though the "...Minnesota Attorney General has ruled that it is a general duty of a city o enforce its zoning ordinance and that a city cannot refuse to enforce zoning requirements by ignoring illegal land uses."� [From League of Cities citing: A.G. Op. 477b-34 (July 29, 1991)]� The lot was zoned residential long before he bought the property.�The owner has vastly expanded the operations on the lot.�(It's being used for manufacturing, industrial/commercial in residential zone.)� When I addressed the council in October they indicated they would move forward with bringing the lot into compliance.��At a changed date meeting (and the date change was not posted on the city's website as is customary,) they council voted to proceed with the rezoning.The lot is completely surrounded by residences, but I wouldn't dream of predicting what a judge would rule.� However, I have been adversely affected by their inaction�again:��They�never�brought the lot into compliance.� While I had been thinking it was "misfeasance,"�today�the city administrator indicated that it may be nonfeasance."� Either way, my property value is eroded and I have been suffering with the noise and mess.� I have exhausted all other options.]

Asked on 12/10/15, 5:59 pm

1 Answer from Attorneys

Morgan Kavanaugh Wilkerson & Hegna, PLLP

I would have to review this further, but it sounds like you could have a claim against your neighbor. Feel free to contact me at 952-897-1707 to discuss further.

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Answered on 12/11/15, 9:35 am

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