Legal Opinion

Minn. Sands, LLC v. Cnty. of Winona

Court of Appeals of Minnesota

Decided July 30, 2018No. A18-0090Published

1Opinion of the CourtWorke, Judge

In this appeal from the district court's dismissal of its declaratory-judgment action challenging a land-use ordinance prohibiting all mining of industrial minerals, including silica sand, appellant argues that the district court erred in concluding that the ordinance does not violate the dormant Commerce Clause and does not constitute a regulatory taking. We affirm.

FACTS

Between 2011 and 2012, Richard Frick, president of appellant Minnesota Sands, LLC (Minnesota Sands), entered into several leases with various landowners in Winona County to use the properties to mine silica sand to be…

2Cases cited64 opinions

  1. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. United States v. LopezSupreme Court of the United States · 1995
  4. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  5. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970

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