A long-contested dock case could linger longer in court.
Legal counsel for residents Jayson and Cristine Dock filed an appeal July 16 to a ruling a district court judge handed down May 2 over a dock the city of Waconia said violates its ordinance (No. 707) prohibiting the construction of permanent docks on lake/wetland lots within the city. The dock in question was erected in 2017.
In legal action, the city sought a permanent injunction against the Docks and asked for judgment ordering removal of what has been constructed.
In earlier court arguments, the Docks’ legal counsel had contested the validity of the ordinance as it relates to Minnesota statutory codes and the definition of terms permanent and seasonal docks that are outlined in the ordinance, also a claim of city abuse of process as it related to adoption of an interim ordinance and Ordinance No. 707.
In his May ruling, Judge Eric Braaten ruled in favor of the city, calling the ordinance valid and ordered that the dock be removed, and denied the Docks’ abuse of process claim.
In a statement of the case filed with the Court of Appeals on July 16, the Docks outlined the issues for the Court’s review to be: whether the ordinance was validly enacted by the city council; “whether the undisputed facts demonstrate that the Docks’ dock is permanent;” and whether the city abused process by enacting an interim ordinance and No. 707.
In its response statement of the case, filed July 29, the city asserts that the Docks’ appeal of the order to remove the dock was not timely. The city filed a motion to partially dismiss the appeal of this claim. The city’s statement of the case indicates that the parties agree that the Docks’ claim for abuse of process was “timely appealed.” That claim is not subject to the city’s motion to partially dismiss.
It is anticipated that the matter will continue into later this year, as hearing dates have not yet been scheduled.