Alexander Co. v. City of Owatonna
| Decision Date | 30 August 1946 |
| Docket Number | No. 34184.,34184. |
| Parties | ALEXANDER CO. et al. v. CITY OF OWATONNA. |
| Court | Minnesota Supreme Court |
Appeal from District Court, Steele County; Martin A. Nelson, Judge, Mower County, acting for A. B. Anderson, Judge Steele County.
Action by the Alexander Company and others against the City of Owatonna for damages occasioned by city's refusal to permit plaintiffs to build a driveway over a sidewalk and to cut a curb and for an injunction permanently restraining the city from preventing plaintiffs from constructing such driveway and cutting such curb. From a judgment granting plaintiffs the injunctive relief prayed, defendant appeals.
Reversed.
Helon E. Leach, City Atty., of Owatonna, and Oppenheimer, Hodgson, Brown, Donnelly & Baer, of St. Paul, for appellant.
Moonan & Moonan, of Waseca, for respondents.
Appeal from a judgment permanently restraining defendant from preventing plaintiff from constructing a driveway over a public sidewalk and cutting the curb in connection therewith.
In 1942, defendant, operating under a home-rule charter, enacted a zoning ordinance, No. 326, which has been in force at all times since its enactment. The provisions thereof which are pertinent to this decision are as follows:
Section 5 of Article I of said ordinance reads in part as follows:
"No change shall be made in the boundary line of the districts or in the use, height or area regulation of any district except after a public hearing and upon the two-thirds vote of the City Council."
The manner of giving notice of such public hearing is contained in the succeeding paragraphs of Section 5 of Article I of the ordinance.
Plaintiff The Alexander Company is the owner of a commercial or store building located in the C2 commercial district of the city as defined in the foregoing zoning ordinance. The building, which is located in the downtown business section of Owatonna, extends through an entire block and has two street fronts, one of which (the south end) faces West Bridge street, and the other (the north end) faces West Broadway. As a consequence, the building is referred to as both 130 West Bridge street and 129 West Broadway. The block in which the building is located is completely occupied by buildings used for various business and professional purposes such as grocery, drug, and clothing stores, restaurants, a studio, and officer. Much retail trade is done along Bridge street in this block, and there is considerable pedestrian and vehicular traffic passing it.
In March or April 1944, The Alexander Company leased the building in question to plaintiff Carl Bachman for a period of four years for the purpose of operating a Firestone store therein under a franchise from the Firestone Tire & Rubber Company. The general nature of such business is to sell the products of the Firestone company, such as tires, tubes, batteries, and other auto supplies, as well as various home supplies. In connection with and as a part of such business, the plan was to operate a service department for the changing of tires, the repair of tires and tubes, the installation of batteries and seat covers, the changing of spark plugs, fan belts, lights, etc., and the doing of other light garage jobs. The plans for this service department contemplated the construction of a driveway over the sidewalk in front of the building on the Bridge street or south end of the building, which driveway would require cutting the curb in front of the building. Alterations of the building were also planned.
About April 12, 1944, The Alexander Company applied to the city engineer for permission to make the planned alterations of the building and to construct the proposed driveway over the sidewalk, including the cutting of the curb. The engineer suggested some changes in the plan submitted to him. The changes were acceptable to plaintiff, and thereupon the engineer told the company that it could go ahead with the building alterations and the construction of the driveway, including the cutting of the curb.
Remodeling of the building was accordingly done and was completed early in June 1944. The job of constructing the driveway was then commenced. After the sidewalk had been torn up, the curb cut, and the driveway partially constructed, a member of the city council of Owatonna observed the work and objected to its continuance, pointing out that the work was being done without authority from the city council. As a result, the work was stopped. When it was later resumed, it was again stopped on orders from the mayor. It was then agreed that the work should be held in abeyance until the matter had been taken up and considered by the city council. In the meantime, The Alexander Company had filed with the city clerk an application, directed to the city engineer, for a certificate of occupancy of the building. At a special meeting of the city council held June 13, 1944, such application was considered by the council. At this meeting, eight citizens of Owatonna appeared and objected to the application on the ground that a driveway at such a location would constitute an extreme traffic hazard. The president of The Alexander Company also appeared at the hearing. It was voted by the council not to give the certificate of occupancy.
On June 20, 1944, the matter again came before the council. At this meeting, a petition signed by a considerable number of property owners was presented in opposition to the proposed driveway. Some of the petitioners also made statements in opposition to the project. At such time, representatives of The Alexander Company requested that a certificate of occupancy only of the building be granted. At this time the company also filed a formal application in writing for a permit to construct and maintain the driveway in question and for permission to cut the curb in connection with such construction, specifically stating, however, that the application was being made without waiving the position taken by it that such building was subject to the provisions of the zoning ordinance relating to garages. The council at such time voted to direct the city engineer to restore the sidewalk and curb. It also voted to issue to The Alexander Company a certificate of occupancy of the building.
A request having been made for a public hearing on the formal written application for permit to construct and maintain the driveway in question, the council fixed the time of such hearing for July 5, 1944, the date of a regular council meeting, and notice of such meeting was given pursuant to the zoning ordinance. The meeting was duly held. In support of such application, the president of The Alexander Company, plaintiff Carl Bachman, and Carl Jacobson, the contractor, appeared and testified. In opposition to the application, 13 individuals appeared and testified, and the gist of their evidence was that the proposed driveway would constitute a serious traffic hazard. At the conclusion of the testimony the council voted to defer action to a later date. On July 18, 1944, the council took action on the matter and by a vote of four to three denied the application for permit. A formal resolution of denial then being presented and it being moved and seconded that same be adopted, the resolution was adopted by unanimous vote of all members of the council. The resolution of denial as thus passed reads as follows:
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