Legal Opinion

Wheeler v. City of Wayzata

Court of Appeals of Minnesota

Decided March 31, 1994No. C2-93-775PublishedCited by 2 opinions

1Opinion of the Court

OPINION

DAVIES, Judge.

Landowners appeal a summary judgment that city’s residential-only zoning regulations do not constitute a taking of -their property. We reverse and remand.

FACTS

Appellants claim ownership 1 of the 1000-foot peninsula that separates Gray’s Bay and Wayzata Bay on Lake Minnetonka, and along which runs Hwy. 101. The width of the peninsula is from 30 to 100 feet and varies with the level of the lake.

Respondent City of Wayzata has zoned the property “R-1A” (low-density single-family residential use). Notwithstanding this residential zoning, appellants wish to develop a commercial…

2Cases cited15 opinions

  1. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Offerdahl v. University of Minnesota Hospitals & ClinicsSupreme Court of Minnesota · 1988
  4. Alevizos v. Metropolitan Air. Com'n of Mpls. & St. P.Supreme Court of Minnesota · 1974
  5. Amcon Corp. v. City of EaganSupreme Court of Minnesota · 1984

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3Cited by2 opinions

  1. Wheeler v. City of WayzataSupreme Court of Minnesota · 1995
  2. Bonge v. County of MadisonNebraska Court of Appeals · 1997

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