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1999-01-13
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1999-01-13
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SEP -02 -1998 12:52 LERGLE OF MN CITIES P.09 <br /> Between these two extremes are those proceedings affecting some lots or <br /> parcels, only one of which a couneilmember owns. In such cases it is a <br /> question of fact whether the councilmember is disqualified from voting. if <br /> the councilmetrtber chooses to vote, the council must decide whether the <br /> member should be disqualified -- a decision which is subject to review in <br /> the courts if challenged. There will be many situations where the right to <br /> vote is doubtful enough that an interested couucilmember should refrain <br /> from participating. <br /> il. Condemnation <br /> went„ it Bond There is little doubt that a councilmember's ownership of land is so direct t v <br /> Cal auppmr, 24 und significant as to preclude s or pmttcl <br /> asinn.rm,zn.w. patron m a resolution to <br /> 697 (ISM) con enu the land. The Minnesota Supreme Court has not ruled directly <br /> on this question. However, it did not disqualify a county board member <br /> from participating in condemnation proceedings to establish the highway <br /> when the board member owned land adjoining the proposed highway. <br /> The court suggested that the decision might have been differ= if the <br /> owner had been entitled to damages if the highway had gone through his <br /> property. <br /> hi. Church affiliation <br /> HowW(u. florid of <br /> Ry „ a ,,, o f ,� The court held that a zoning board member who was also a member of a <br /> acu of church was not disqualified from voting on a zot variance reaueste <br /> (Minn. App. 19890 by that church. The court found that the nature of the financial interest <br /> could not have influenced the voting board member. The person's <br /> membership in the church, without evidence of a closer connection, was <br /> not a sufficiently direct interest in the outcome of the matter to justify <br /> setting aside the board's zoning action. <br /> c. Streets <br /> L Establishing streets and highways <br /> Wane bawd kr <br /> comma. lI woul fl j.- s a - . L• • u s,‘ . •i . .... .. • . :.: x . - e n . � , •.y <br /> �^o • �6 a street may be opened would not be prohibited from voting on the <br /> 697 van j 't :',w. matter- a Minnesota Supreme Court has held that a county board <br /> member who owned land adjoining a proposed county highway did not <br /> have a disqualifying interest that prevented him from voting on the <br /> establishment of the highway. The board member's interest was similar to <br /> that of the rest of the public and differed only in degree. A different <br /> decision may have been reached had the highway gone though any of the <br /> commissioner's land <br /> Official ConfIct cl Into= <br /> 25 <br />
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