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Wisconsin’s Act 67 Could be a Game-Changer For Conditional Use Permit Applicants
by Gary Van Cleve
The conditional use permitting process received a significant overhaul by the Wisconsin Legislature last year in ways that should be welcomed by property owners seeking such permits. Wisconsin Act 67 (Act 67), effective Nov. 28, 2017, mandates that a conditional use permit (CUP) sought from any local zoning authority – be it county, city, village or town – must issue where the applicant meets or agrees to meet standards specified in a local ordinance.
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Minnesota Court of Appeals Restricts When Tenants May Defend Eviction by Claiming Retaliation
by Bryan Huntington
In a decision filed April 9, 2018, Central Housing Associates, LP v. Olson, the Minnesota Court of Appeals provided significant guidance concerning when a retaliation defense may be asserted to challenge an eviction action after termination of tenancy.
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News and Notes
Gary Van Cleve was recertified in civil trial law by the National Board of Trial Advocacy. Gary has been a member in good standing of NBTA and certified in civil trial law for 20 years.
Peter Coyle
recently published an article in the Star Tribune calling for local
governments to take action to control regulation-based construction
costs and facilitate the industry’s construction of affordable housing.
The article, Affordable housing unchained: We don’t need more subsidies in Minnesota. We need fewer rules and fees, was published April 6.
The Minnesota Court of Appeals affirmed a trial court decision awarding the homeowner clients of David Hammargren and Inga Schuchard $162,000 on contract, warranty, and negligence claims against their residential building contractor concerning design and workmanship issues in construction of their new home in the Brainerd area. The appellate court also agreed that the contractor’s mechanic’s lien was invalid and unenforceable.
Justice Chris Dietzen was recently interviewed by Bryan Huntington on the "Nine to Five" podcast, which is produced by Christians in Commerce. Chris is formerly a shareholder at Larkin Hoffman and a retired Minnesota Supreme Court associate justice. Bryan spoke with him about the relationship between his faith and his path in law and in the courts.
Denial of summary judgment motions brought by a general contractor and subcontractor were recently secured by Bryan Huntington, who was representing owners of a large mixed-use project in an arbitration. The arbitration panel agreed that all evidence of the building owner’s damages – ranging in the millions of dollars – should be admitted at the arbitral hearing. Bryan also recently secured the dismissal of a lockout petition lawsuit on behalf of an extended stay hotel company. The district court agreed that the plaintiffs were not “residential tenants” entitled to protection under the landlord/tenant statues and, therefore, granted the hotel’s motion to dismiss.
Bryan Huntington is co-chair of the Bloomington Chamber of Commerce Golf Classic tournament. The tournament will be held Monday, June 18 at Minnesota Valley Country Club.
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Our Attorneys
Gary Van Cleve, chair
David Hammargren
Paul Meyer
Tamara O'Neill Moreland
Rob Stefonowicz
James Susag
James Sander
Timothy Rye
Bryan Huntington
Inga Schuchard, editor
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