HomeMy WebLinkAbout1973 07-10 Maplewood to Appeal Distric Court's Decision DISPATCH Maplewood to Appeal
District Court's Decision
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Maplewood has been ordered by a Ramsey
County District Court to issue a special use permit
for a refuse transfer station.
But the Village Council voted 4-0 last week to ap-
peal the decision. -
The council earlier this year lined up 3-2 to deny
Lowell Vanderhoff and Roger Kueffner authority to
establish the transfer station on vacant- land south
of Marylake Road about 900 feet west of Century Av-
enue.
Judge Leslie Anderson called the council's ac-
tion arbitrary.
He said it deprived the property owners of "sub-
stantial• property rights without compensation and -
due process of law."
The village argued in court that- the-proposed
site was designated for medium density residential
development in the community's comprehensive
plan.
But the 'judge noted that the village planner
originally called for the land to be used for "utility
pruposes,"which includes a transfer station.
The 'change in the plan came only after Vander-
hoff and Kueffner filed their application for a spe-
cial
use permit,Judge Anderson pointed out.
Councilman Don Wiegert, in urging the appeal,
suggested that the judge had misinterpreted some
ofthe facts.
He also termed some of the judge's remarks
"snide."