"Where Fillmore County News Comes First"
Thursday, April 17th, 2014
Volume ∞ Issue ∞
- 10:55:36, Apr 3rd 2014 - Attendee - I do think the meeting went well in terms of sharing information. But also ... [Read More]
- 11:56:59, Apr 2nd 2014 - svtaxpayer - Start the meeting with the same old rehash about how great college class ... [Read More]
- 11:30:55, Mar 28th 2014 - RoryKramer - I couldn't have said it any better. My family has shopped at Willie's f ... [Read More]
- 8:44:51, Mar 26th 2014 - Gunnar Berg - Would that be Henrik's lessor known younger brother "Al"? ... [Read More]
- 1:21:46, Mar 23rd 2014 - REDHORSE51 - EXCELLENT COMMENTARY ON BULLYING, HOWEVER THE AUTHOR STILL SUPPORTS THE ... [Read More]
- 6:23:24, Mar 17th 2014 - about time - About time they start giving tickets to people who park where it days no ... [Read More]
- 5:51:04, Mar 17th 2014 - what? - I guess it depends who you are in this town. I called and talked to the city ... [Read More]
- 4:03:17, Mar 14th 2014 - - Looking for his mom and found this. Randy you will be greatly missed. I loved all ... [Read More]
- 10:21:04, Mar 14th 2014 - Doc - So many winners. ... [Read More]
- 8:58:49, Mar 10th 2014 - dan - Great letter Steve! That is attitude we should be taking, alternatives will be ... [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.