With the help of pro bono counsel from Lindquist and Vennum, MCEA filed an amicus brief in Mutsch v. Hubbard County, Minn. App. A11-725 and A11-726.

In Mutsch, a developer proposed to convert a shoreland resort into a planned unit development and requested a variance to local law restricting the number of docks allowed. (Local law allowed 3; the developer wanted 11.)  The county granted the variance, and local residents and lake associations challenged the decision in district court.  The district court held that the county had violated its own ordinance and vacated the variance.

On appeal, the developer has argued that the local residents and lake associations don’t have the right to challenge the county’s variance decision.  MCEA strongly objects to these arguments.  MCEA’s brief explains that curtailing the rights of citizens and public interest organizations to challenge governmental decisions that degrade shared public resources like Minnesota’s lakes would be a radical departure from current law and set a very bad precedent.  

Oral argument at the Minnesota Court of Appeals occurred February 1, 2012.

MCEA Documents

Amicus Brief