4 Nov 2009

Minnesote Supreme Court Grants Cert in Pawn America Minnesota v. St. Louis Park



Pawn America Minnesota wants to move into my neighborhood.  The City of St. Louis Park seemed initially okay with the plan but, prodded by concerned residents, blocked the efforts at least for some time, saying further analysis and review is needed.

The “proposed pawnshop operation was structurally different than the city’s other pawnshop because it included check-cashing and other adult-oriented services,” the Minnesota Court of Appeals pointed out, and “[t]he city council determined that this concentration of different activites in appellant’s proposed pawnshop operation warranted further study and analysis.”

Because the interim ordinance was properly enacted and placed a valid moratorium on issuing pawnbroker licenses, the Court of Appeals concluded that the district court did not err in concluding that the city is not required to issue a pawnbroker license to appellant.

Minnesota Court of Appeals Judge Stauber dissented, however, arguing that the case was controlled by Med. Serv., Inc., v. City of Savage, 487 N.W.2d 263, 267 (Minn. App. 1992) which specifically prohibits a municipality from arbitrarily enacting “an interim moratorium ordinance to . . . prevent a single project.”

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