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Property Law Keyed to Singer
Krummenacher v. Minnetonka
Citation:783 N.W.2d 721 (Minn. 2010)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Liebeler owned a 2.4 acre lot in Minnetonka that had a detached flat-roof garage constructed in the 1940s. The garage was set back only 17 feet from her property’s boundary line, whereas the current City ordinances required structures to be set back a minimum of 50 feet. On March 31, 2008, Liebeler applied for a variance to add a second story and a pitched roof to her garage. Liebeler intended to use the second story as a yoga and craft room. Kummenacher was Liebeler’s neighbor and objected to the expansion because it would obstruct his view. The Planning Commission approved Liebeler’s request and Kummenacher appealed to the Minnetonka City Council. The Council held a public hearing on June 30, 2008 and subsequently approved the variance, finding that Liebeler had met the requirements for a variance (undue hardship, unique circumstances, intent of the ordinance, and neighborhood character).
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