Hubbard County and the owners of a 5th Crow Wing Lake resort have appealed a district court ruling in the case of a variance issued a year ago.
The parties, defendants in a lawsuit, contend a March 2010 variance granted by the county's Board of Adjustment was correctly awarded initially, and a district court judge erred in vacating that variance.
Eagle's Nest Resort is converting to a residential planned unit development that will eventually have 11 summer homes. Resort owners Daniel and Donna Rehkamp in 2010 requested a variance from the shoreland ordinance that would have allowed only three dock slips for the cabins in the first tier of development and a day launch spot, saying they needed one dock slip for each residence to sell the properties.
The board gave them the variance.
Members of the Middle Crow Wing Lake Association and the Coalition of Lake Associations and 5th Crow Wing resident Ed Mutsch sued. In January Judge Paul Rasmussen agreed the board had not acted properly in granting the variance and nullified it.
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The plaintiffs are expected to file their response soon.
The case could have statewide implications as to what type of variance was at issue and the standard of review necessary to grant or deny it.
