About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2002 Minnesota Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagmn0042 and id is 1 raw text is: MUNICIPALITIES: ZONING: AMENDMENT: With certain exceptions, municipal zoning ordinances may be adopted or amended by majority vote of governing body notwithstanding charter provision, or ordinance requiring greater majority. Minn. Stat. §§ 462.351, 462.357. 59a-32 (Cr. Ref. 441h; 477b-34) January 25, 2002 Mr. Brian D. Neugebauer Moorhead City Attorney Ohnstad Twichell, P.C. 901 13th Avenue East P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Neugebauer: Thank you for your letter concerning the number of city council votes required to adopt or amend zoning ordinances. FACTS In 2001, the legislature amended Minn. Stat. § 462.357, subd. 2 to reduce the necessary voting majority for adoption or amendment of most municipal zoning ordinances from two-thirds to a simple majority of all members of the governing body. The City of Moorhead, a home-rule charter city, has enacted a zoning ordinance that requires a two-thirds council vote on all zoning issues in accordance with the previous state law. You ask whether a home-rule charter city may adopt a more restrictive voting requirement than that required by state statute for adoption or amendment of zoning ordinances. OPINION We answer your question in the negative. First, it is well established that local units of government have no inherent powers, but can only take those actions expressly authorized by statute or home-rule charter or implied as necessary to carry out the powers expressly conferred. See, e.g., Borgelt v. City of Minneapolis, 271 Minn. 249, 135 N.W.2d 438 (1965); Alexander v. City of Minneapolis; 267 Minn. 155, 125 N.W.2d 583 (1963); City of Birchwood Village v. Sines, 576 N.W.2d 458 (Minn. Ct. App. 1998). Authority for municipalities to enact land use controls, including zoning ordinances, is expressly provided by Minn. Stat. §§ 462.351, et seq. See, e.g., Alexander. Prior to 2001, Minn. Stat. § 4562.357, subd. 2 (2000) authorized adoption or amendment of zoning ordinances only by a two-thirds vote of all members of the governing body. According to the facts provided, the Moorhead zoning ordinance is consistent with that

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most