RDNT, LLC v. City of Bloomington

I agree with the majority’s conclusion that the City did not act arbitrarily or capriciously by denying the conditional use permit as “injurious to the surrounding neighborhood or otherwise harm[ful to] the public health, safety and welfare.” I am not impressed with the strength of the City’s argument, and am particularly struck by the willingness of the City to ignore the long-standing use of the property by RDNT, a use that predates the arrival of the neighbors now complaining about traffic. That said, given our deferential standard of review, I would affirm on the grounds advanced by the…