Earthburners, Inc. v. County of Carlton

I respectfully dissent from the majority’s characterization of this issue as one of first impression and its rationale for denying the county a trial. It is well established that the failure of a local governing board to record a legally sufficient basis for denying a conditional use permit makes its decision prima facie arbitrary. See Honn v. City of Coon Rapids, 313 N.W.2d 409, 415-16 (Minn.1981). But the board is entitled to an opportunity to rebut the presumption and demonstrate a rational basis at trial with evidence and testimony limited in scope to those issues raised before the…