Almquist v. Town of Marshan

Otis, Justice.

This is an action brought by respondent, Earle Almquist, for a declaratory judgment requiring appellant, Town of Marshan, to issue plaintiff a special-use permit authorizing him to develop 26 2% acre lots for the construction of dwellings on 82% acres of land owned by him in Marshan Township, Dakota County. The trial court granted plaintiff the relief he sought. We reverse and remand for a new trial on the limited issue of whether the town’s moratorium on development was unconstitutionally applied with respect to respondent.

At the outset, we feel compelled to observe that…