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County asks judge for reconsideration in zoning case


Fri, Apr 30th, 2004
Posted in Features

PRESTON - Fillmore County Attorney Brett Corson has written a letter to Judge Robert Benson asking the court to allow the county to file a motion to reconsider the judge’s decision in the Slabaugh case.

Motions to reconsider are prohibited except by express permission of the court, which will be granted only by showing compelling circumstances. Requests to make such a motion must be made by letter to the court.

But attorneys for Eli and Mattie Slabaugh have objected to Corson’s letter, saying that “the letter is inappropriate and doesn’t follow civil procedure.”

Attorney Philip Villaume said that the letter is out of order. “They need to file a motion to re-open the case or re-hear the case,” Villaume said. “We have objected to the court.”

On April 15, Benson dismissed a restraining order brought by the county to prevent Eli and Mattie Slabuagh from continuing construction on a house they were building in Canton Township because the dwelling was within the setback restrictions of a rock quarry. Benson ruled that the Slabaughs had been treated unfairly in that the zoning ordinance had been applied unequally when the county allowed other dwellings to exist within the setback area.

In his letter to Judge Benson, Corson stated that the judge had erred in his understanding of the Fillmore County Zoning Ordinance.

Corson maintains that Benson misinterpreted the terms dwelling and dwelling unit, which resulted in different conclusions being made by the judge. “A dwelling unit cannot include a hunting shack or cabin since a dwelling unit is “intended for occupancy by a single family,” Corson wrote in his letter.

In his ruling, Benson had noted that “cabins and hunting shacks were dwellings for the purpose of the zoning ordinance” and that the county had not enforced the setback against these structures.

Corson asked the judge to advise the county as to whether it would accept a Motion to Reconsider.

While the county’s reaction to Judge Benson’s ruling was to ask the judge for permission to reconsider, attorneys for the Slabaughs took a different view of the court ruling.

“We’ve told our clients that by dismissing the case, the judge has given them (Slabaughs) relief.” Villaume said. “The ruling allows them to build,”

When .....
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Zumbro Valley Medical Society calls for EIS on Heartland

Fri, Apr 30th, 2004
Posted in Features

ROCHESTER - The Zumbro Valley Medical Society, which represents the counties of Fillmore, Olmsted, Dodge and Houston, is the latest organization to call on the Minnesota Pollution Control Agency (MPCA) to conduct an environmental impact statement (EI ..... 
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Commentary

Fri, Apr 30th, 2004
Posted in Features

I finally sorted one of my many junk drawers out last month. Some of what was in the drawer – old markers, a few pens that didn’t work, and a huge eraser I’ll never use – was just that: junk. Atop the pile, though, lay wads of paper and plastic label ..... 
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Commissioners’ Report: Phase II construction underway

Fri, Apr 30th, 2004
Posted in Features

“Every change order is important. We’re looking out for your interests, looking to ward off future problems,” defended Dean Sand, Construction Analysis Management, Inc. (CAM) as additional change orders were presented at Tuesday’s county board meetin ..... 
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Rushford City Council Report: Flows – cash and water – top council concerns

Fri, Apr 30th, 2004
Posted in Features

Tom Wente of Smith, Schaffer and Associates appeared before the Rushford City Council Monday night, April 26 to present the city’s financial statement and summary and discuss the city’s cash flow.

Wente pointed out that propert ..... 
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Fillmore Central School Board: Olstad named new high school principal

Fri, Apr 30th, 2004
Posted in Features

Fillmore Central High School received 32 applicants for the principal position, left vacant with the retirement of Dr. Gary Olson. The district also recently lost their part-time high school counselor, Steve Zmyewski, to an opportunity elsewhere. The ..... 
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Lanesboro City Council Report

Fri, Apr 23rd, 2004
Posted in Features

Persons with disabilities will have a new place to fish in Lanesboro once the new fishing platform is built by the DNR. With construction due to start this week, the Lanesboro Council approved the DNR-submitted public fishing platform agreement with ..... 
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Commonweal Theatre Review

Fri, Apr 23rd, 2004
Posted in Features

Lanesboro’s Commonweal Theatre Company has committed itself to producing “new works by emerging playwrights.”  With the opening of Marguerite Bonet as this season’s offering, the Common-weal has found a remarkable and effective new work.  ..... 
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Mission: Watoto 2004

Fri, Apr 23rd, 2004
Posted in Features

SPRING VALLEY - Twenty-four Spring Valley area residents are planning a trip of a lifetime. The group is made up of a diverse assemblage of adults and students – but they have one thing in common. They’re all passionate about making the long sojourn ..... 
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