[Winona Online Democracy] I don't have strong opinions on the Green Party thread, but I do have considerable experience with one detail buried in some of the lengthy commentary. It was Mark Knapp's comments on Linda Fort's comments:
LF: If our county board deny any farmer who meets all the standards/regulations for expansion the board must issue a permit. If they do not the farmer will have a case to sue the county for his permit. MK: No, the County Commission is empowered to deny a permit based on the evidence in each case. Both statements are true, but Linda's is more true. A denial must include "findings of fact" related to the standards in the ordinance. There may be compelling evidence of all kinds of issues, but if there is no ordinance, regulation, or other law that directly addresses those issues, the Board (or City Council or Town Board) may not deny it on that basis. The key is, what are the standards mentioned in the ordinance that the Board can use for its decisions? Any issue worth regulating must be translated into duly adopted ordinance language. This is at the heart of our Constitutional democracy. Our elected leaders don't get to make up rules on the spot - even rules on issues that might be very important. They have to turn those concerns into legal standards and adopt them publicly - with due process and equal protection - into an ordinance. Phil Carlson, Mpls Planning Consultant (and faculty member of Government Training Services (GTS), teaching seminars on planning and zoning for over 25 years) _______________________________________________ This message was posted to Winona Online Democracy All messages must be signed by the senders actual name. No commercial solicitations are allowed on this list. To manage your subscription or view the message archives, please visit http://mapnp.mnforum.org/mailman/listinfo/winona Any problems or suggestions can be directed to mailto:[EMAIL PROTECTED] If you want help on how to contact elected officials, go to the Contact page at http://www.winonaonlinedemocracy.org
