White v. City of Elk River

Wapiti Park Campgrounds, Inc. operated a campground on land in the City of Elk River. The City enacted a series of zoning ordinances that first allowed campgrounds as a conditional use and then removed campgrounds as either a conditional or a permitted use. Wapiti Park obtained a conditional-use permit from the City while campgrounds were allowed as a conditional use. The City later revoked the conditional-use permit and asserted that Wapiti Park was no longer authorized to operate the campground. Wapiti Park filed this action against the City. The district court determined that Wapiti Park’s operation of the campground was a nonconforming use that could not be terminated by revocation of the conditional-use permit. The court of appeals reversed. The Supreme Court reversed, holding (1) the City lacked the statutory authority to terminate Wapiti Park’s nonconforming use as a campground by revoking the conditional-use permit; and (2) the City acted within its authority when it required Wapiti Park to obtain an interim-use permit before approving replacement of a destroyed accessory building and resumption of the regulated use.

White v. City of Elk River