CCP 10-26-1987 - Laserfiche WebLink

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l I JAMES S. LYNDEN ATTORNEY AT LAw . October 23, 1987 I\rden Hills City Council City Hall 1450 West Highway 96 Arden Hills, Minnesota 55112 RE: Zoninq Requlation of Federal Governmental Aqencies Dear Members of the Council: Zoning Ordinances enacted by local governments cannot control building activities by the federal government or by federal instrumentalities unless Congress consents thereto in a statute enacted by it. In at least one case of which I am aware, Groton vs. Laird (D.C. Conn. ) 353 F. Supp. 344, the U.S. Navy was held to . be exempt from local zoning ordinances. Based the foregoing rule of law, thus, I of the upon am opinion that the City has no power to regulate the building activities of the federal government on the grounds of the 'TCAAP-- unless the user of the building(s) to be constructed is a non- governmental entity or is a non-federal instrumentality or agency which intends to engage in a purely proprietary function. I doubt that any of the ingredients necessary to invoke these exceptions is present in this case. Although someone at the last Council meeting said that the user was an agency or instrumentality of the State of Minnesota, I do not think that statement is true. I believe that the user is proposed to be the U.S. Army Reserve--not the Minnesota National Guard. In any event, even if the user is an instrumentality of the State of Minnesota, the use of the TCAAP property for army reserve functions is truly g6vernmental rather than proprietary. Regardless of the foregoing, as I have advised this Council and its predecessors, I think that the City should take the position that it does have the authority to regulate and should do so until the City is provided with authority to the contrary. As I understand it from talking to the Clerk-Administrator, the U.S. Army Reserve is essentially willing to accede to most, if not all, . (612) 223-5436 (612) 297-6400 800 AMHOIST TOWER ST. PAUL, MINNESOTA 55102