Henry J. Fletcher Professor of Law
Prof. Karkkainen Quoted on Shoreland Protection Suit
Professor Brad Karkkainen was quoted in the Minneapolis Star Tribune on a lawsuit filed by the Minnesota DNR to overturn a rural township's issuance of a lakefront zoning variance. The variance would permit a landowner to build closer to the shoreline than is generally allowed under the state's Shoreland Management Act and local zoning rules. Karkkainen pointed out that the Minnesota Supreme Court has construed the "undue hardship" standard for zoning variances to require a showing that no other reasonable use can be made of the property. A Star Tribune investigative series revealed that some local governments routinely grant variances under inconsistent standards, threatening Minnesota's lakes with excessive development.