Rulings Announced In East Loch Estates Litigation

Tue 9-25-2018

(Spirit Lake)-- A judge late Monday filed two rulings reached in litigation Dickinson county was involved with over the re-zoning and a planned unit development approved late last year for a proposed development just north of Chalstrom Beach, known as East Loch Estates. Assistant County Attorney Lonnie Saunders told the supervisors this (Tues.) morning he was notified of the rulings by special counsel that was hired to represent the county on the matter...East Loch Rulings 

"We won the re-zoning by the board of supervisors. We lost the granting of the PUD by the Board of Adjustment. The court ruled that waiting 90 days between the decision on the first application and the filing of the second application was jurisdictional. The failure to wait the 90 days voided the Board of Adjustment's action. The court ruled that the applicant could immediately file a new application for a PUD. The 90 days has now clearly passed. The court also dismissed declaratory judgements in both actions."

A separate lawsuit that was filed against County Zoning Administrator David Kohlhaase that was also related to the matter was dismissed.

The supervisors will meet in closed session next week to further discuss the rulings with counsel via a conference call to answer questions and learn more how they affect the county.