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pf_03600
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pf_03600
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Last modified
7/17/2007 2:36:53 PM
Creation date
6/2/2006 8:30:57 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
3600
Planning Files - Type
Planning-Other
Project Name
Roselawn Cemetery
Status
Non-Active
Additional Information
MN Court of Appeals
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<br /> <br /> <br /> <br /> <br />not <br /> <br /> <br />was not <br /> <br />or <br /> <br /> <br /> <br />burden establishing <br /> <br /> <br />use <br /> <br /> <br />meet <br /> <br />standards <br /> <br />applicable criteria set out in state statute, <br /> <br /> <br />, s land use <br /> <br />plan is on <br /> <br />applicant, and Applicant <br /> <br />not come close to carrying <br /> <br /> <br />A reasonable person shows caution in the face of uncertainty. <br /> <br />types of <br /> <br />government regulations recognize this truth and allow for this caution.) To do <br /> <br />otherwise would itself be unreasonable. And requiring municipalities always to <br /> <br />resolve such doubts against the public safety and in favor of the landowner would <br /> <br />create a new, statutorily inappropriate, judicially imposed duty that could prove <br /> <br />dangerous and costly in the future, if not in this case. That is the whole point of <br /> <br />making some uses of land only "conditional" rather than outright "permitted." <br /> <br />The families on Alameda Street, and those on the other streets surrounding <br /> <br />the proposed crematorium, looked to their elected representatives on the City <br /> <br />Council to act reasonably and protect them these <br /> <br /> <br />court should not now veto the thorou2:hlv reasonable act of that elected body and <br />~ ~ ~ <br /> <br />inflict these dangers and this uncertainty upon Applicant's neighbors. <br /> <br />ARGUlVIENT <br /> <br />I. Standard of Review. <br /> <br />The standard of review for a deni;}1 of a conditional use permit is whether <br /> <br />or not the City's decision had a reasonable basis and was not ;}rbitrary or capri- <br />
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