Benson rules in zoning case

By News Team
ads@fillmorecountyjournal.com

Fri, Jan 31st, 2003
Posted in Features

Comments

Judge Robert Benson has denied a request by Fillmore County for a summary judgement in a zoning dispute between the county and Eli Slabaugh of rural Canton Township.

Former Fillmore County Attorney Matt Opat filed the civil action in an effort to uphold an injunction that would prevent Slabaugh from using a home he built that the county claims is in violation of the Fillmore County Zoning Ordinance. Slabaugh�s property is situated on County Road #23 north of Canton.

At the center of the dispute is the site location for Slabaugh�s house, which is located 300 feet from the survey line of a rock quarry operated by Kruckow Rock Products and Ready Mix of Caledonia. Kruckow�s survey line and the property line of Slabaugh�s 10 acres meets at the center of the county road.

The Fillmore County Zoning Ordinance stipulates that dwellings need to be set back a minimum of 1000 feet from a quarry.

In October the court issued a temporary injunction preventing Slabaugh from continuing construction on his house. In early January, the court heard oral arguments from former Fillmore County Attorney Matt Opat and Attorney Dan Moulton, who represented Slabaugh.

At that time, Moulton told the court that Slabaugh bought his land for the building site after consulting Zoning Administra-tor Norm Craig and being assured that it was a suitable site. When Slabaugh went to get a building permit, he was told he needed a variance, which was later turned down by the Fillmore County Planning & Zoning Commission. Despite the ruling, Slabaugh proceeded with construction of his house.

Opat argued in court that regardless of what Slabaugh was told by Craig, when he went to get a building permit, he was told he couldn�t build unless he had a variance.

In his written memorandum, Benson stated that the Court found that there is a genuine issue of fact in the case.

�Defendant alleges the zoning administrator told him in advance that he would be permitted to build his house in its current location. The zoning administrator now denies granting Defendant permission to build in that zone. Defendant also argues that other persons were permitted to build within proscribed limits being argued by the County. Whether or not this has occurred is a material question of fact and goes to the issue of whether or not Defendant was d .....
[Read the Rest]

Commissioners� Report: Social Services� budget safe from state cuts for now

By News Team
ads@fillmorecountyjournal.com

Fri, Jan 31st, 2003
Posted in Features

Comments

"I don�t see much that�s going to effect the county," Tom Boyd, Fillmore County Social Services Director, told the county board on Tuesday. Boyd was commenting on the state�s potential budget cuts and the impact they may have on his department. This .....
[Read the Rest]

The devil is in the details

By News Team
ads@fillmorecountyjournal.com

Fri, Jan 31st, 2003
Posted in Features

Comments

Kane & Johnson Architects, Inc. of Rochester, brought back more revisions to the courthouse remodeling project after several meetings were held with the architects, Judge Robert Benson, Court Administrator James Attwood, Sheriff Jim Connolly, and Com .....
[Read the Rest]

Rushford City Council Report: New site promoted for back-up generator building

By News Team
ads@fillmorecountyjournal.com

Fri, Jan 31st, 2003
Posted in Features

Comments

Brian Guenther of Power Plus, an engineering firm, was present at the January 27th Rushford City Council meeting to explain the newly proposed back-up generator site. The building to house three back-up generators with space for a future fourth gener .....
[Read the Rest]