Cited by
Opinions in Minnesota that cite Zylka v. City of Crystal, 167 N.W.2d 45.
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Amcon Corp. v. City of Eagan
348 N.W.2d 66
Minn. 1984
This court, in Inland Construction, stated that under Zylka v. City of Crystal, 283 Minn. 192 , the failure of the council to articulate “any legally sufficient basis for its determination made a prima facie showing of arbitrariness inevitable.” 292 Minn, at 392, d at 569.
- Chanhassen Estates Residents Ass'n v. City of Chanhassen 342 N.W.2d 335 Minn. 1984
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Chanhassen Estates Residents Ass'n v. City of Chanhassen
342 N.W.2d 335
Minn. 1984
Cf. Zylka v. City of Crystal, 283 Minn. 192
- VanLandschoot v. City of Mendota Heights 336 N.W.2d 503 Minn. 1983
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VanLandschoot v. City of Mendota Heights
336 N.W.2d 503
Minn. 1983
See Zylka v. City of Crystal, 283 Minn. 192, 196 , Barton Contracting Co.
- White Bear Docking & Storage, Inc. v. City of White Bear Lake 324 N.W.2d 174 Minn. 1982
- Honn v. City of Coon Rapids 313 N.W.2d 409 Minn. 1981
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Honn v. City of Coon Rapids
313 N.W.2d 409
Minn. 1981
For example, the special use standard in C. R. Investments, is typical: “If the Village Council shall determine the proposed use will not be detrimental to the health, safety, morals, on [sic] general welfare of the community * * * the Village Council may grant a special use permit.” As we pointed out in Zylka v. City of Crystal, 283 Minn. 192, 196 , an arbitrary denial of a special use permit may be found when “the requested use is compatible with the basic use authorized within the particular
- C. R. Investments, Inc. v. Village of Shoreview 304 N.W.2d 320 Minn. 1981
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C. R. Investments, Inc. v. Village of Shoreview
304 N.W.2d 320
Minn. 1981
Hay v. Township of Grow, 296 Minn. 1 , Zylka v. City of Crystal, 283 Minn. 192
- Kasch v. Clearwater County 289 N.W.2d 148 Minn. 1980
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Kasch v. Clearwater County
289 N.W.2d 148
Minn. 1980
These procedural standards were established in Zylka v. City of Crystal, 283 Minn. 192 , where we held that when a local governing board makes a decision without contemporaneously stating reasons for its actions, its decision will be prima facie arbitrary.
- State Ex Rel. Rochester Ass'n of Neighborhoods v. City of Rochester 268 N.W.2d 885 Minn. 1978
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State Ex Rel. Rochester Ass'n of Neighborhoods v. City of Rochester
268 N.W.2d 885
Minn. 1978
In Zylka v. City of Crystal, 283 Minn. 192 , we adopted the rule that where a special use which conforms with the zoning ordinance is requested, a city council’s denial of a special-use permit to a single landowner is proved prima facie arbitrary and unreasonable if it is shown that the council failed to support its action by written find
- Barton Contracting Co., Inc. v. City of Afton 268 N.W.2d 712 Minn. 1978
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Barton Contracting Co., Inc. v. City of Afton
268 N.W.2d 712
Minn. 1978
The basic principle, as stated in our leading case, Zylka v. City of Crystal, 283 Minn. 192, 196 , is that the application may not be denied “arbitrarily” but that “the administering body, be it the council itself or a planning commission to which power to act is delegated, has broad discretionary power to deny an application for a special use permit * * * Subsequent cases such as I
- Corwine v. Crow Wing County 244 N.W.2d 482 Minn. 1976
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Corwine v. Crow Wing County
244 N.W.2d 482
Minn. 1976
versing the county board’s decision to revoke the permits, the district court relied heavily on previous decisions of this court in concluding that the board’s revocation of the permits was “arbitrary as a matter of law, due to the failure of the County to state any reasons and facts showing a need to revoke.” The district court relied chiefly on this court’s decision in Zylka v. City of Crystal, 283 Minn. 192
- Crystal Beach Bay Ass'n v. County of Koochiching 243 N.W.2d 40 Minn. 1976
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Crystal Beach Bay Ass'n v. County of Koochiching
243 N.W.2d 40
Minn. 1976
This was a significant omission for, as we said in Zylka v. City of Crystal, 283 Minn. 192, 198 , a prima facie case of arbitrariness exists if the county board’s decision is not accompanied by findings to show that its action “was reached upon a consideration of the facts and was based upon reason rather than the mere individual whim of the * * * members.” We have held, however
- N. R. Fairbanks Co. v. City of Blaine 242 N.W.2d 99 Minn. 1976
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N. R. Fairbanks Co. v. City of Blaine
242 N.W.2d 99
Minn. 1976
In Zylka v. City of Crystal, 283 Minn. 192, 196 , we discussed the role of special-use permits in providing municipalities “with broad latitude to meet the changing problems of land-use control.” We held in Zylka, however, that the denial of a special-use permit is arbitrary when “the evidence presented at the hearing before the mun
- Almquist v. Town of Marshan 245 N.W.2d 819 Minn. 1976
- Dedering v. Johnson 239 N.W.2d 913 Minn. 1976
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Dedering v. Johnson
239 N.W.2d 913
Minn. 1976
See, Zylka v. City of Crystal, 283 Minn. 192
- Paal v. Village of Wells 232 N.W.2d 808 Minn. 1975
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Paal v. Village of Wells
232 N.W.2d 808
Minn. 1975
Zylka v. City of Crystal, 283 Minn. 192 , Twin City Red Barn, Inc. v. City of St.
- Holasek v. Village of Medina 226 N.W.2d 900 Minn. 1975
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Holasek v. Village of Medina
226 N.W.2d 900
Minn. 1975
Zylka v. City of Crystal, 283 Minn. 192 , Hay v. Township of Grow, 296 Minn. 1
- O'Neil v. Broadbent 226 N.W.2d 885 Minn. 1975
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O'Neil v. Broadbent
226 N.W.2d 885
Minn. 1975
In Zulka v. City of Crystal, 283 Minn. 192 , we had occasion to consider the nature of special-use permits.
- Minnetonka Congregation of Jehovah's Witnesses, Inc. v. Svee 226 N.W.2d 306 Minn. 1975
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Minnetonka Congregation of Jehovah's Witnesses, Inc. v. Svee
226 N.W.2d 306
Minn. 1975
In Zylka v. City of Crystal, 283 Minn. 192, 196 , this court stated: “* * * [A]n arbitrary denial may be found by a reviewing court when the evidence presented at the hearing before the municipal governing body and the reviewing court establishes that the requested use is compatible with the basic use authorized within the particula
- Board of Supervisors v. Carver County Board of Commissioners 225 N.W.2d 815 Minn. 1975
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Board of Supervisors v. Carver County Board of Commissioners
225 N.W.2d 815
Minn. 1975
Thus, under Zylka v. City of Crystal, 283 Minn. 192 , a prima facie case of arbitrariness was established.
- National Capital Corp. v. Village of Inver Grove Heights 222 N.W.2d 550 Minn. 1974
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National Capital Corp. v. Village of Inver Grove Heights
222 N.W.2d 550
Minn. 1974
In Hay v. Township of Grow, 296 Minn. 1, 5 , we said: “It is now settled that where a zoning ordinance specifies standards to apply in determining whether to grant a special-use permit and the applicant fully complies with the specified standards, a denial of the permit is arbitrary as a matter of law.” See, also, Zylka v. City of Crystal, 283 Minn. 192 , Twin City Red Barn, Inc. v. City of St.
- Metro 500, Inc. v. City of Brooklyn Park 211 N.W.2d 358 Minn. 1973
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Metro 500, Inc. v. City of Brooklyn Park
211 N.W.2d 358
Minn. 1973
Inland Const. Co. v. City of Bloomington, 292 Minn. 374 , Zylka v. City of Crystal, 283 Minn. 192
- Main Realty, Inc. v. Pagel 208 N.W.2d 758 Minn. 1973
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Main Realty, Inc. v. Pagel
208 N.W.2d 758
Minn. 1973
In Zylka v. City of Crystal, 283 Minn. 192, 199 , we alluded to “the danger of permitting the council to deny a special-use permit without contemporaneous findings or reasons and then permit its members after several months of thought to present reasons perhaps totally unrelated to the actual reasons for denying the permit.” Where t
- Hay v. Township of Grow, Anoka County 206 N.W.2d 19 Minn. 1973
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Hay v. Township of Grow, Anoka County
206 N.W.2d 19
Minn. 1973
Zylka v. City of Crystal, 283 Minn. 192 , Inland Const. Co. v. City of Bloomington, 292 Minn. 374
- Enright v. City of Bloomington 203 N.W.2d 396 Minn. 1973
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Enright v. City of Bloomington
203 N.W.2d 396
Minn. 1973
See, Zylka v. City of Crystal, 283 Minn. 192
- Inland Construction Co. v. City of Bloomington 195 N.W.2d 558 Minn. 1972
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Inland Construction Co. v. City of Bloomington
195 N.W.2d 558
Minn. 1972
al use permits] are designed to meet the problem which arises where certain uses, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may present.” Zylka v. City of Crystal, 283 Minn. 192, 195
- Twin City Red Barn, Inc. v. City of St. Paul 192 N.W.2d 189 Minn. 1971
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Twin City Red Barn, Inc. v. City of St. Paul
192 N.W.2d 189
Minn. 1971
bitrary denial of a permit may be found when the evidence presented at the hearing before the municipal governing body and the reviewing court establishes that “the requested use is compatible with the basic use authorized within the particular zone and does not endanger the public health or safety or the general welfare of the area affected or the community as a whole.” Zylka v. City of Crystal, 283 Minn. 192, 196
- Chandler v. Kroiss 190 N.W.2d 472 Minn. 1971