ZYLKA V. CITY OF CRYSTAL 167 N.W.2d 45 (1969) CASE BRIEF

ZYLKA V. CITY OF CRYSTAL

167 N.W.2d 45 (1969)

NATURE OF THE CASE: City (D) appealed an order which held D's decision with respect to the denial of Zylka's (P) request for a special use permit was arbitrary and unreasonable.

FACTS: P is the owner of land in D. The land is within an area classified as a 'Commercial C-1' district, within which a gasoline service station may be constructed and operated upon issuance of a special-use permit by D's city council. P submitted a detailed plot plan for the proposed construction to D's city engineer, who reviewed it, modified it, and ultimately approved it as complying with all of the city's building construction regulations. Without preserving any record of the proceedings, making any findings of fact, or giving any reasons for its decision, the commission recommended to D that it deny the application. The city council reviewed this recommendation and, without itself making any findings of fact or giving any reasons for its decision, denied P's application. P sued for declaratory relief, and enjoining D from interfering with construction of the service station in accordance with the plans approved by the city engineer and the state fire marshal. The court held that D's action was arbitrary, capricious, unreasonable, discriminatory, confiscatory and void' and 'denied P equal protection under the law in violation of the Constitutions of the State of Minnesota and the United States of America.' D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner