City of Cloquet v. Cloquet Sand & Gravel, Inc.

Peterson, Justice.

Plaintiff, City of Cloquet, is a municipal corporation. Defendant Cloquet Sand and Gravel, Inc., is a Minnesota corporation, and the successor in interest of defendant Cloquet Ready Mix, Inc. At the time of trial, the former defendant was in exclusive control of approximately 40 acres of land in Carlton County on which it operated a gravel pit, from which it removed gravel and processed it on the premises. The 40 acres are located in an area zoned for residential use. Defendant has never secured a “temporary excavation conditional use permit” to conduct its commercial…