The Minnesota Court of Appeals has affirmed a Washington County District Court judge’s decision to affirm the city of Stillwater’s issuance of a conditional-use permit to Stillwater Towing regarding the company’s expansion plans.

Stillwater resident Thomas Coleman, the petitioner, had challenged Judge Siv Mjanger’s summary-judgment dismissal of his claims and argued the court should order city officials to rescind the conditional-use permit granted to Stillwater Towing and mandate that the owner of the business comply with the city’s tree-cutting ordinance.

Mjanger granted summary judgment in favor of the city and Stillwater Towing and dismissed Coleman’s claims. In her order, Mjanger wrote that Coleman made no showing that Stillwater Towing was in violation of the tree-cutting ordinance or that the city had failed to perform a mandatory duty.

“We are pleased another court recognized that the City of Stillwater made a well-reasoned decision when it issued a conditional-use permit to Stillwater Towing to operate a business in a district zoned for light industrial use,” said Paul Merwin, the League of Minnesota Cities attorney assigned to represent the city in Coleman/Forest Hills v. Stillwater.

Coleman declined to comment Tuesday on the Court of Appeals’ decision.

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