Davys are asking for answers PDF Print
To the Editor:

We’re asking for answers, and we hope other property owners in Houston County join us in asking these important questions.

We own a 40 acre parcel, where there are three addresses, one of which is an apartment that was built in an agricultural out-building in 1984. At the time of the apartment installation, the county tax assessor came out to assess the value of the property. The assessor returned to the property to take note of additional property adjustments every three years for a period of 12 years.  Melvin’s mother Mary Ellen Davy lived in that home for 25 years. Due to a medical condition, she was forced to move into a nursing home but plans on returning.

Houston County has sent three notices to us stating that the apartment is an unauthorized structure pursuant to zoning codes, and must be returned to an agricultural building, although at a County Zoning Commission meeting on 1-18-07, a zoning commission member indicated that the structure is “grandfathered in”.

At the Jan. 12, 2010 meeting, Rick Frank indicated when the apartment was constructed, the county, zoning office, the county commissioners and the assessors office were aware of the construction. They were happy to assess and tax it for the past 25 years and now have changed their minds about its legality.

During the Jan. 12 meeting, Commissioner Connery refused to let more then five people speak, stating “that this is not an open meeting”.  Do we not have an open meeting law in this state? Is the business before the county commissioners not what we go there to discuss? Many people, including a 94 year old gentleman with his statement prepared, were denied the opportunity and their right to be heard. The board room was packed with supporters.

There are very real laws that the county is breaking.  We have a list of the statutes that are being violated. Please call the commissioners whom have been in office for several years and ask them WHY they don’t follow the laws of Minnesota.  Ask them to ask our county attorney to go thru the zoning book and review it to see how many zoning laws are unconstitutional according to the United States constitution. 

Bob Scanlan has threatened to fine us $75 per day if we don’t evict our renter, a single disabled woman and her cat in the middle of winter.  Isn’t there a law against that?

Dave Corcoran, the most knowledgeable with his 17 years as a commissioner, is non-compliant himself.  He, as well as others, are choosing to “selectively” enforce county zoning laws by having a non-compliant structure on his property for greater than one year.

Will Scanlan threaten him with a $75/day fine until be becomes compliant? As a citizen, Melvin Davy will make sure that Corcoran does not run unopposed this November.

Why are the commissioners so afraid to work with us on an individual basis? Isn’t that their job to represent their constituents? In our system, aren’t the rights of one equal to the rights of many?

Jean and Melvin Davy, Jr.
Hokah, Minn.
(507) 894-8888
Comments (1)add
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written by Been there , January 26, 2010
Guess what folks? The county is correct and if someone else had Bob Scanlon's job they would have to enforce the same rules. Either a hired hand or a relative that is in a hardship (ie. mom) can live in an extra living area on your 40 acre property. The new renter, disabled/cat-owner, is out of luck. If the county lets one person by on this rule there will be many, many more waiting to take advantage of the situation.
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