Appeals Court orders lake groups to pay cost of variance lawsuit
Lake activists who challenged a variance for dock slips on Fifth Crow Wing Lake have been ordered to pay the county and resort owner more than $5,000 in litigation costs.
The order was issued Tuesday by the Minnesota Court of Appeals.
It said because Hubbard County and Daniel Rehkamp were considered the prevailing parties in a decision rendered April 30, Ed Mutsch, the Middle Crow Wing Lake Association and the Hubbard County Coalition of Lake Association owes $5,076 and change to the county and Rehkamp, owner of Eagle's Landing Resort.
When the resort converted to a Planned Unit Development in 2010, Rehkamp asked for more dock slips than allowed under the Shoreland Management Ordinance,
When the county's Board of Adjustment granted a variance for those extra slips, Mutsch and the two groups sued. The case went eventually to the Minnesota Court of Appeals, which issued a ruling April 30. The county and Rehkamps then sued for their costs.
Mutsch and the lake groups argued since the court reversed part of the decision and upheld another part of the suit, they were the prevailing parties. The Appeals Court disagreed.
The issue has been remanded back to Hubbard County for a new hearing on the variance, which is scheduled for July 16 at 9 a.m.