Dead Lake Association, Inc. v. Otter Tail County, Minnesota

This is an appeal from a decision by respondent Otter Tail County (the County) to grant a conditional use permit (CUP) for a planned unit development (PUD) on Dead Lake in Otter Tail County. Dead Lake Association (the Association), a group of landowners opposed to the development, challenged the Countys grant of the CUP, arguing that the County lacked authority to grant the permit because the shoreland at issue was not properly zoned for a PUD. In addition, it argued that the CUP was arbitrarily granted by the County. The court of appeals affirmed in part and reversed in part. Dead Lake Assn, Inc. v. Otter Tail County, No. A03-750, 2004 WL 422570, at *4 (Minn. App. Mar. 9, 2004). It concluded that the County had authority to approve the CUP but that the County acted arbitrarily for lack of findings. Id. It remanded the matter to the county board to make findings in support of its decision. Id.