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City of Bloomington Wins at the Minnesota Supreme Court


In November 2001, RDNT (Martin Luther Manor) sought approval from the City of Bloomington for a 3-story, 67-unit senior assisted living facility expansion. The proposed use conflicted with the City’s Comprehensive Plan and would be injurious to the surrounding neighborhood, causing harm to the public health, safety, and welfare. On March 18, 2015, the Supreme Court upheld the Court of Appeals decision in favor of the City, in an opinion authored by Justice Lillehaug.  The essence of the decision is that the judicial system is loath to substitute its judgment about the proposed development’s potential injury to the neighborhood for that of the City Council.  The decision is based on the City’s determination that the applicant’s proposed conditions for mitigation of the neighborhood injury were insufficient. The City’s decision was upheld as reasonable and not arbitrary or capricious. The City of Bloomington was represented by Paul D. Reuvers, Jason J. Kuboushek, and   Stephanie A. Angolkar.


City of Bloomington Wins at the Minnesota Supreme Court