Concept Properties v. City of Minnetrista, 694 N.W.2d 804 (Minn.App.,2005)
Property owner sued city after city rejected owner's attempts to have its property returned to Metropolitan Urban Services Area (MUSA) before date city had scheduled for inclusion and rezoned for residential development at urban densities. After granting city partial summary judgment on issue of its compliance with statute establishing deadlines for agency action, the District Court, Hennepin County, Ann Leslie Alton and Gary R. Larson, JJ., entered summary judgment in favor of city on remaining issues. Property owner appealed.
The Court of Appeals, Wright, J., held that:
(1) city's decision to redraw its MUSA line as part of a comprehensive plan update was not unreasonable, arbitrary, or capricious;
(2) city's denial of application to rezone landowner's property for residential development at urban densities and to amend comprehensive plan was not arbitrary or capricious;
(3) former property owner's payment of sewer assessment did not give rise to vested right to be included in MUSA or to connect to sewer;
(4) city's collecting sewer assessment did not equitably estop it from refusing MUSA status to property;
(5) city's decision to delay inclusion of property in MUSA until after 2020 was not an unconstitutional taking;
(6) decision to delay MUSA staging for property did not violate landowner's substantive due process rights; and
(7) city, in good faith, cured violation of simultaneous written findings requirement within statutory deadline for agency action.