Legal Question in Real Estate Law in Minnesota

City Construction Project

City constructing utility building to house generator for sewage lift station. Large structure 30'x14'x14' placed within 2 feet of roadway, and within 50 feet of existing houses. Local ordinance for Low Density Residential requires 30 foot ''front yard'' easement. Would city be violating ordinance? This building is visually obtructive, and is within 30 feet of end of driveway. Can the city do whatever it pleases? Feel property values of residents in close proximity were affected as a result of this project. Cease and desist construction?

Thanks .. somewhat cryptic to summarize.


Asked on 3/12/08, 10:16 am

2 Answers from Attorneys
Scott Dutcher Law Office of Scott M. Dutcher, LLC

Re: City Construction Project

Because cities have the power to make zoning regulations in their jurisdiction, they also have the power to issue variances (exceptions) to those ordinances. Thus, as you put it, cities can "do whatever they please" when it comes to their own ordinances.

That being said, if you can prove that your property values have been substantially diminished you may be able to bring an action against the city. This standard, however, is quite high. From your explanation, it appears that the building would be unpleasant to look at. Unfortunately, that alone will probably not be enough for you to win damages.

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Answered on 3/12/08, 10:22 am
Scott Dutcher Law Office of Scott M. Dutcher, LLC

Re: City Construction Project

In my earlier answer I neglected to point out one other way you may be able to recover damages. If the utility building is a "government enterprise" the standards for proving damages are significantly lower. In other words, if the building has been built in large part to benefit a government office or government project, then you may have an easier time making your case. This question will depend largely on the particular facts of your case.

If you have further questions, feel free to send me an e-mail.

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Answered on 3/12/08, 11:24 am


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