In August, I wrote about the same-day release of Pigs R Us v. Compton Township and Pawn America v. St. Louis Park. Both cases involved the local government taking evasive action in the face of an unwanted project – a pig farm in the township, a pawnshop in the suburb. Compton Township chose the “hastily rewrite the zoning code” maneuver; St. Louis Park enacted a moratorium. Compton Township lost its case in district court and didn’t do any better on appeal. St. Louis Park won its district court case and prevailed on appeal. At the time, I thought the Court of Appeals might be mocking the Township by releasing the St. Louis Park opinion on the same day. Paired together, there was a definite “right way, wrong way” feel to the decisions.
Well, the Supreme Court is taking the St. Louis Park case for review. If you believe that “the Court grants cert to reverse,” perhaps there won’t be a “right way” to block an otherwise-permitted use when this case is resolved next year. Compton Township, on the other hand, is headed back to District Court for a damages trial now that the Supreme Court denied its petition for review.