Zoning board decision reversed on appeal

A Minnesota appeals court has overturned a city zoning board's refusal to let a small bakery open, ruling the decision was arbitrary.

The board had denied the bakery's permit while approving identical uses on the same block.

The bakery's ability to open, and equal treatment under the zoning code, were at issue.

Elsworne Law documented the board's earlier approvals for similar businesses and argued the denial singled out the bakery.

The appeals court reversed the denial and sent the application back for approval.

No damages were awarded, and the bakery's costs from the delay were not recovered.

Records of how a board treated similar applications can be powerful on appeal.