Twin City Red Barn, Inc. v. City of St. Paul, 43020

• Decision Date: 19 November 1971
• Docket Number: No. 43020,43020
• Citation: 192 N.W.2d 189,291 Minn. 548
• Parties: TWIN CITY RED BARN, INC., Respondent, v. CITY OF ST. PAUL, Appellant.
• Court: Minnesota Supreme Court

Page 189

192 N.W.2d 189

291 Minn. 548

TWIN CITY RED BARN, INC., Respondent, v. CITY OF ST. PAUL, Appellant.

No. 43020.

Supreme Court of Minnesota.

Nov. 19, 1971.

Daniel A. Klas, City Atty., Paul F. McCloskey, Jr., Asst. City Atty., St. Paul, for appellant.

Meier, Kennedy & Quinn, St. Paul, for respondent.

Heard and considered en banc.

OPINION

PER CURIAM.

Appeal from a summary judgment annulling the denial by the city council of the city of St. Paul of an application by plaintiff, Twin City Red Barn, Inc., for a special-use permit for the construction of a 30-car parking lot to be used in connection with a restaurant on commercially-zoned property and reserving to the court jurisdiction to implement the rights of the parties if necessary. It is contended that the administrative discretion of the municipality in denying the permit was lawfully exercised and that the trial court was in error in setting aside its denial.

We are at a disadvantage in reviewing the issue because of the amorphous character of the record. The opposition by the property owners was not organized, nor were they represented by counsel before the zoning board or the city council. No witnesses were sworn nor does the record contain competent evidence bearing upon the elements which determine the allowance or denial of the permit. The record consists of minutes of meetings of the zoning board and the city council, and reflects opinions, conclusions, and correspondence of property owners and others bearing upon aesthetic considerations as well as property values. There are no findings by the zoning board. No witnesses were heard in the proceedings before the trial court. The record there consists largely of discussions between counsel and the court bearing upon issues of law.

Apparently, counsel for the petitioner and counsel for the city were satisfied that the minutes of the proceedings before the zoning board and the city council, as well as pleadings and affidavits, were adequate for the court to make its determination on the issue of whether the council had acted arbitrarily in denying the application. Accordingly, both parties moved for summary judgment on the theory that, as far as each was concerned, there was no genuine issue as to any material fact and that each was entitled to judgment as a matter of law. Rule 56, Rules of Civil Procedure. In this posture of the record, the trial court determined that the city council had arbitrarily denied the permit and granted summary judgment for plaintiff, from which the city appeals.

We think the trial court, in its memorandum, fairly reviewed the determinative facts and issues in the context of the record with which he was provided. That memorandum states in part:

'The within matter arises out of an application by the plaintiff for a special use permit for a 30 car parking facility to be located on the land described as follows:

'Lots One (1), Two (2), and Three (3), Ideal Homesites, according to the recorded plat thereof, on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota;

'Said property is located at the intersection of Snelling and Scheffer Avenues in the City of St. Paul, and has been zoned commercial since 1924. The plaintiff desires to construct a restaurant and parking facility upon the premises which would be in full conformity with the uses permitted in such a commercial zone.

'The plaintiff applied to the City Council for a special use permit to construct and operate the parking facility, and submitted all required plans and specifications to the necessary City and State Departments. Said plans and specifications have been reviewed by all departments as required by law, and all requirements, regulations and rulings of the Minnesota Highway Department, City Traffic Engineer, City Architect, and the City Planning Director have been and will be fully complied with in all respects. The foregoing facts are admitted by the defendant in its pleadings, and in its argument before the Court.

'Reference is made to the minutes of the public hearing held before the Board of Zoning on February 19, 1970, wherein Mr. Sorenson, a member of the staff of the Planning Board of the City of St. Paul, reported that the plan of plaintiff 'Meets design standards for parking lots, and provides a 9-foot buffer area along the north lot line and a redwood fence along the alley line to the east. Access to the parking area is to be provided by a driveway from South Snelling Avenue and one from Scheffer Avenue . . . The Traffic Engineer reviewed the plan and recommended a 26-foot driveway on Scheffer Avenue. This width driveway is now part of the plan . . . Mr. Sorenson concluded that the plan meets design standards for parking lots and the Traffic Engineer has approved the plan with the 26-foot driveway on Scheffer...