HomeMy WebLinkAbout1973 07-18 Judge rules against village REVIEW Judge rules against villa e
by Scott Carlson pensation and due process of law under the council will hold a hearing on granting
Ramsey county District Judge Leslie the Constitution of Minnesota and the the permit for the transfer station con-
Anderson ruled last month that U.S., was arbitrary, capricious and struction, attorney Lais has made two
Maplewood must issue a permit to Lowell unlawful," Anderson said. recommendations.
and Gerda Vanderhoff for construction of
a transfer station. But an appeal may be Anderson said the village did not have One, "Our rubbish ordinance prohibiting
made to the Minnesota Supreme Court standards for special use permits and the hauling of rubbish or trash on the
according to village manager Mike added Maplewood had proposed changing streets of the village except by a licensed
Miller. the zoning of the land from "utility" trash hauler needs to be studied and a
purposes to medium density residential policy determined as to enforcement or
"The council authorized us to make an purposes. amendment of that provision so it can be
appeal and I'll be discussing that with properly enforced."
attorney Don Lais," Miller said. "I And Anderson stated transfer stations do
believe that there are enough unresolved not come under the definition of a dump. Two, "That we adopt a definition of a
questions relative to this permit." transfer station as to make it amendable
Although it has not been decided whether to permit and regulation."
The transfer station,which would be built
at 2635 E. Marylake rd., one-half mile
south of Larpenteur and one-fourth mile
west of Century ave.would be a disposal
site for solid waste.
Although the transfer station was ap-
proved by Ramsey county's Solid Waste
Committee, the Minnesota Pollution
Control Agency, the Metropolitan council
and the Ramsey County Board of Com-
missioners, Maplewood denied permit
construction on grounds that a
moratorium on special use permits and
zoning applications had been in effect.
But Judge Anderson wrote "During the
period of moratorium Maplewood granted
special use permits and zoning changes to
other persons.The council was concerned
about the transfer station being a dump
and unhealthy.
However,Anderson further ruled, "There
was no showing made that the granting of
the special use permit,if necessary would
adversely effect the public health, safety,
convenience or welfare.
`..The denial of the application of the
plaintiffs or the permit to construct a
transfer station deprived them of sub-
stantial property right without com-