The Minnesota Court of Appeals has upheld a district court judgement and ruled in favor of the city of Waconia in a long contest dock case. The opinion was filed last Monday, April 20.
The case involves Waconia residents Jayson and Cristine Dock over construction of a dock on Lake Waconia that the city 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 a May 2019 ruling, the district court ruled in favor of the city, calling the ordinance valid and ordering that the dock be removed.
The Docks appealed, and an appeals court heard the matter early this year.
In a ruling last week, the court affirmed the validity of the ordinance and that the appellants’ dock is permanent within the meaning of ordinance 707. The court also dismissed a claim for monetary damages under an abuse-of-legal-process argument and the appellants claim of vested rights to construct the dock related to whether the dock was substantially completed at the time law was enacted citing that the issue was not raised before the district court.
With the latest ruling, the Docks now have 30 days to consider and request a petition for review to the Minnesota Supreme Court. That court has discretion on whether to hear the matter or not.