Landowner Granted Access to Landlocked Parcel after MNDOT Failed to Comply with MN Statute

01/08/2014

Gary Van Cleve and Julie Nagorski recently secured a Minnesota Court of Appeals decision in favor of their client, a landowner seeking approval from the Minnesota Department of Transportation for access to his landlocked parcel of property located on a highway frontage road.  MnDOT failed to respond to the application until 63 days after it was submitted, despite a Minnesota Statute requiring governmental agencies to act on requests relating to zoning within 60 days.  The Court of Appeals rejected MnDOT’s argument that the statute did not apply to the driveway application and ordered that the application be approved as a matter of law.