Well you need to reread my post carefully and you will know why I stated Missouri residents would know because they were one of the three states who have decided this in the Supreme Court.
Second, you need to understand federal preemption rules of law and when states can interfere and when they can't. Furthermore, zoning laws in MN allow for a more restrictive zoning for local units of government. Its called EQIP, not EQUIP and the fact that the NRCS or USDA was in charge of it has no bearing on whether or not a county would get involved or not. The County of Hubbard in this case, and their environmental office in this case is behind me 100%. The federal AG Dept and the State of MN AG Dept have called the Township Association to find out why they are doing this and the Township still goes on.
With that being said, the zoning rule or ordinance must still have a safety and health underlying factor to support the need for such a restriction. Moreover, the restrictive action through zoning cannot infringe upon statute or the constitution as this one has been interpreted incorrectly.
So without going into a complete legal brief here, it comes down to the language of the ordinance and whether a normal person can understand and interpret it in order to follow it and if it is ambiguous, then current case law says that it has to be "interpreted in favor of the landowner". Also if it is not enforced equally among residents in the area, it cannot be enforced on the single or the few. This also is supported by case law that MN courts use.
At the end of the day, it is what it is......Waste of taxpayers money to lock horns with a guy over a pile of rocks. At the end of the day, it will ope many closets and turn the lights on the very cockroaches that started this! Also for those of you reading the papers on this in Park Rapids and Bemidji be careful because they are somewhat distorted since one of the former board members advertised his business with them all the time. The reporters on the stories, generally Sarah Smith, has had trouble sticking to the correct facts when printing the stories so I would suggest you stick to the Valley News Live Story as that one was researched and filmed on location. Also you can type Helga Township in You Tube and watch the two local videos on TV as well.
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