Legal Question in Real Estate Law in Minnesota

Can a city pull and approved permit after a fence has already been built?

I obtained an approved permit from my city to put up a fence. I'm on a corner lot and there is a city ordinance stating that I must stay 20 feet off of the street with my fence. When I got my permit approved, there was an attached letter stating that I could go up to my property line which is only 10 feet. I built my fence, now a different guy is saying I have to pull it out of that side and move it because it's too close. I have written premission to put it there. Do they have any right to make me do this when they told me in writing that it would be OK to put it out that far?


Asked on 5/03/05, 3:28 pm

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Can a city pull and approved permit after a fence has already been built?

Generally, in Minnesota an erroneously issued permit does not prevent a city from enforcing its ordinance. There are a few exceptions, such as when the ordinance or requirement was not public and thus not available to the person recieving a permit. If one can prove that the prior official purposely mislead you so as to cause you harm (very difficult to prove), one might also seek damages for cost of moving fence. If I were involved, I'ld start by seeing if the city would move the fence with its own people or in another way compensate for part or all of the expense.

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Answered on 5/04/05, 11:02 am


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