"Where Fillmore County News Comes First"
Thursday, November 27th, 2014
Volume ∞ Issue ∞
- 8:03:53, Nov 24th 2014 - FountainFarmer - Doc, Why do people like you have to turn stories that don't have ... [Read More]
- 7:13:36, Nov 21st 2014 - FountainFarmer - doc, why do people like you think that every story needs a sense ... [Read More]
- 3:50:54, Nov 21st 2014 - Frank Wright - Does the author of this article realize it is not April 1st? ... [Read More]
- 3:03:32, Nov 21st 2014 - Roberto - That IS a stereotype on Libertarians from extreme right-wingers BTW. See ... [Read More]
- 5:10:46, Nov 17th 2014 - doc - I'm surprised conservatives aren't picketing there for their war on women. ... [Read More]
- 5:09:30, Nov 17th 2014 - doc - Is it illegal to push THEIR snow into the street though? ... [Read More]
- 4:16:40, Nov 15th 2014 - Gudrun - Ralph's burial at Arlington National Cemetery is scheduled for February 12, ... [Read More]
- 4:47:53, Nov 7th 2014 - KingslandGrad95 - Hey winters coming, why don't you take your concerns to that of the ... [Read More]
- 6:43:44, Nov 6th 2014 - winters coming - Tell Fillmore central in harmony that it is against the law to push t ... [Read More]
- 11:34:53, Nov 3rd 2014 - Tom Kaase - First of all, thank you again to Editor Jason Sethre for allowing people ... [Read More]
Fri, Jan 31st, 2003
Posted in Features
Posted in Features
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 denied equal protection,” Benson wrote. Moulton told the Journal that he was pleased with Judge Benson’s ruling and hoped to be able to talk with Fillmore County Attorney Brett Corson about the case. “Obviously we would hope to be able to resolve this matter in such a way that Mr. Slabaugh would be able to leave the home there,” Moulton said. Corson said that he wasn’t surprised by Judge Benson’s ruling. “What the Judge found is that the facts of the case are in dispute,” Corson said. Corson said that because this is a civil matter, the case will now enter the alternate dispute phase where the two parties will sit down with an arbitrator and see if a resolution can be found. If that fails, the matter will go to trial. In addition to denying the summary judgement, Judge Benson ruled that Eli’s wife, Mattie Slabaugh, is a party to this matter and should be included in the civil action. County Attorney Corson has amended the complaint to include Mrs. Slabaugh.