Breza v. City of Minnetrista, No. A04-2286.

• Decision Date: 21 December 2006
• Docket Number: No. A04-2286.
• Citation: 725 N.W.2d 106
• Parties: Richard BREZA, Appellant, v. CITY OF MINNETRISTA, Respondent.
• Court: Minnesota Supreme Court

725 N.W.2d 106

Richard BREZA, Appellant, v. CITY OF MINNETRISTA, Respondent.

No. A04-2286.

Supreme Court of Minnesota.

December 21, 2006.

Gary A. Van Cleve, Jessica B. Rivas, Larkin Hoffman Daly & Lindgren, Ltd., Bloomington, MN, for Appellant.

George C. Hoff, Justin L. Templin, Hoff, Barry & Kuderer, P.A., Eden Prairie, MN, for Respondent.

Donald D. Smith, Christopher P. Renz, Thomsen & Nybeck, P.A., Edina, MN, for Amicus Curiae Minnesota Association of Realtors.

Susan L. Naughton, League of Minnesota Cities, St. Paul, MN, for Amicus Curiae League of Minnesota Cities.

Joseph G. Springer, Robert J. Shainess, Fredrikson & Byron, P.A., Minneapolis, MN, for Amicus Curiae Builders Association of the Twin Cities.

Heard, considered, and decided by the court en banc.

OPINION

GILDEA, Justice.

Appellant Richard Breza filed this action seeking a writ of mandamus. The district court issued a writ directing the City of Minnetrista to grant Breza an exemption from state law requirements relating to wetlands. The court of appeals reversed and we granted Breza's petition for review. We affirm.

Breza bought property on Lake Minnetonka, in the City of Minnetrista, in 1997. The property is located on Halstead Bay, in the shoreland protection zone of Lake Minnetonka, and a large portion of the property consisted of wetlands.¹ Breza contracted to build a home on the property and the builders applied for a permit, which they received from the city on January 28, 1997. The permit specifically stated that "[f]ill is prohibited from wetlands." Breza testified that he never saw the permit.

In July 2000, Breza had 15 to 20 dump truck loads of fill placed in the wetland behind his home. In August 2000, Breza placed an additional four cubic yards of fill in the wetland, and covered the area with sod. The total area of wetland Breza filled covered approximately 5,737 square feet. In December 2000, Breza received a cease and desist order from the Minnesota Department of Natural Resources, directing him to "immediately cease and desist any activity draining or filling the wetland." The order also informed him that "[i]f you believe that an exemption applies to your activity or if you believe the area is not a wetland, then you should immediately apply to the Local Government Unit for an exemption or no-loss determination."² The order provided that if Breza did not apply for an exemption or a no-loss determination within three weeks, or if his application were denied, then restoration may be required.

Breza filed an application for an exemption with the city on December 29, 2000. In his application and attached letter, Breza indicated that "[o]n approximately August 4 & 5 there was approximately 4 cubic yards of black dirt in the back yard and sod placed over that area. * * * I would like to apply for an exemption." By letter dated January 16, 2002, the city informed Breza that the city had denied his exemption application. The letter also indicated that the city would not be able to determine the "next steps and [Breza's] options" until the snow melted.

In a letter dated April 8, 2002, the city informed Breza that "the fill in this wetland will need to be removed rather than replaced via creation of another wetland off site or purchase from a wetland bank."³

Breza responded to the city and cited Minn.Stat. § 15.99 (2000).⁴ Breza maintained that section 15.99 required that the city act on his application within 60 days. Because the city had not acted on his application within this time period, Breza contended that his exemption application had been granted.

The city agreed that it had violated section 15.99 by taking longer than 60 days to respond to Breza's application and that as a result, Breza's application for an exemption was automatically granted.⁵ The city claimed, however, that the only exemption Breza qualified for under the Wetland Conservation Act was a 400 square foot de minimis exemption, and therefore that was the full extent of the exemption that was granted by operation of section 15.99 when the city failed to respond within the 60-day time period.

On August 22, 2002, the Commissioner of Natural Resources ordered Breza to restore approximately 5,337 square feet (the original 5,737 square foot area filled, minus the 400 square foot exemption) of the filled land to its natural wetland state. This restoration order directed that prior to September 15, 2002, Breza must either submit a restoration plan, submit an application for approval of a replacement plan, or request an exemption or no-loss determination.

Breza did not submit either a restoration plan or a replacement plan. But he was given an opportunity to meet with the Minnetrista City Council on February 3, 2003. Prior to the meeting, Breza presented the city council with a proposal, whereby he would restore 2,860 square feet of the wetland on his property and make a cash payment to the city of $4,800 to be used for restoration elsewhere. The city council rejected Breza's proposal.

Breza sought a writ of mandamus from the district court. The district court found that Breza "applied for an exemption for the 5,757 square feet that had been filled,"⁶ and that the city took more than one year to respond to the application. The court held that Breza's request was approved by operation of law under Minn. Stat. § 15.99, and issued a writ of mandamus compelling the city to approve his exemption request. The city appealed to the Minnesota Court of Appeals, which reversed. Breza v. City of Minnetrista, 706 N.W.2d 512, 519 (Minn.App.2005). That court held that because the city did not have the authority to grant an exemption for more than 400 square feet, the city had fully satisfied its official duties and a writ of mandamus was therefore not appropriate. Id. at 518-519.

I.

Breza brought this action seeking a writ of mandamus. To be entitled to mandamus relief, Breza must show that: 1) the city "failed to perform an official duty clearly imposed by law"; 2) he "suffered a public wrong" and was specifically injured by the city's failure; and 3) he has "no other adequate legal remedy." See N. States Power Co. v. Minn. Metro. Council, 684 N.W.2d 485, 491 (Minn.2004). The district court's decision to issue the writ was based on the determination that Breza's application was approved by operation of law. When a decision on a writ of mandamus is based solely on a legal determination, we review that decision de novo. See Castor v. City of Minneapolis, 429 N.W.2d 244, 245 (Minn.1988). In order to determine whether Breza's application was approved by operation of law, this court must construe section 15.99 as well as portions of the Wetland Conservation Act (WCA). Statutory construction is also subject to de novo review. Lietz v. N. States Power Co., 718 N.W.2d 865, 869 (Minn.2006).

We first examine the scope of relief the city could have granted had it approved Breza's application within the section 15.99 deadline. We note that the application simply requested an exemption, with no specification beyond the description that "there was approximately 4 cubic yards of black dirt in the back yard and sod placed over that area." There was no suggested restoration plan, request for approval of a replacement plan, or request for a no-loss determination.

The starting point for our analysis is the principle, drawn from the Minnesota Constitution, that municipalities, like the City of Minnetrista, possess no inherent powers and are purely creatures of the legislature. See Minn. Const. art. XII, § 3 ("The legislature may provide by law for the creation, organization, administration, consolidation, division and dissolution of local government units and their functions * * *."). Thus, municipalities possess only those powers that are conferred by statute or implied as necessary to carry out legislatively conferred powers. See Minnetonka Electric Co. v. Village of Golden Valley, 273 Minn. 301, 304, 141 N.W.2d 138, 140 (1966) (ruling that where state legislature has preempted the field, municipal ordinance that conflicted with state law could not operate); Village of Brooklyn Center v. Rippen, 255 Minn. 334, 336, 96 N.W.2d 585, 587 (1959) (ruling that village did not have implied power to license boats). The City of Minnetrista therefore has no inherent power to give Breza permission to fill wetland that state law does not allow to be filled.

We turn next to an examination of relevant statutory provisions to determine the scope of authority vested in the city with respect to wetland conservation.⁷ In the WCA, the legislature articulated its finding that

the wetlands of Minnesota provide public value by conserving surface waters, maintaining and improving water quality, preserving wildlife habitat, providing recreational opportunities * * * and enhancing the natural beauty of the landscape, and are important to comprehensive water management.

Minn.Stat. § 103A.201, subd. 2(b) (2004). In the Water Law, the legislature also set forth a "wetland policy" statement declaring that

it is in the public interest to preserve the wetlands of the state to conserve surface waters, maintain and improve water quality, preserve wildlife habitat, reduce runoff, provide for floodwater retention, reduce stream sedimentation, contribute to improved subsurface moisture, enhance the natural beauty of the landscape, and promote comprehensive and total water management planning.

Minn.Stat. § 103A.202 (2004). Finally, the legislature found that it is in the public interest to "achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands." Minn. Stat. § 103A.201, subd. 2(b)(1).

To achieve the goal of no net loss of wetlands, the WCA provides that "[w]etlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value under [an approved] replacement plan." Minn.Stat. § 103G.222,...