An ongoing zoning issue between Houston County and Diane and Mike Fields of Winnebago Township came to a head July 30 when the Minnesota Court of Appeals ruled unanimously in the Fields’ favor turning down an appeal from the county.
Skyline Materials owns a rock quarry next to the Fields’ farm and encroached within the 50-foot setback requirement prohibited under the Houston County Zoning Ordinance.
Skyline sought an after-the-fact setback variance from the Houston County Board of Adjustment in order to operate within 27 feet of the property line, which was approved.
The Fields took their case to Third Judicial District Court, and in July 2011 Houston County sought dismissal of the Fields’ complaint. But, in an order filed Sept. 14, 2011, District Judge Robert R. Benson concluded that the Fields had complied with all procedural requirements and Houston County’s motion to dismiss was denied.
The county and its attorney, Jay T. Squires of Ratwik, Roszak & Maloney of Minneapolis, appealed the decision in vain, as is evident by the July 30, 2012 ruling.
Houston County can persist in its quest for dismissal and has 30 days to petition the Minnesota Supreme Court.
The Fields are represented by Caledonia attorney Gregory B. Schultz.