|
|
Friday, October 13, 2006
|
|
Court rejects Wheeler appeal
Staff Writer The Minnesota Court of Appeals Tuesday rejected an appeal by Gordon Wheeler to operate an adult use business called Lookin' Fine Smut and Porno at a site in Culdrum Township in Morrison County, about 12 miles west of Little Falls.
Morrison County Administrator Tim Houle said Wheeler opened the business for a few weeks in October 2003 and the Morrison County Board shut down the business temporarily because of septic system problems. He said county officials later asked the district court to permanently shut it down because it was a sexually oriented business and it violated county ordinance.
A Morrison County judge ruled in the county's favor in August 2005.
Houle said the county is pleased with Tuesday's appellate court decision.
"I don't think this is the end of the struggle with Mr. Wheeler," said Houle ,referring to a liquor license request for the Krazy Rabbit in the Camp Bar near Camp Ripley.
Houle said Wheeler's son applied for a liquor license and the county board will discuss the matter Oct. 24.
Wheeler was sentenced in June for promoting and profiting from prostitution at the Camp Bar.
On the adult-use business, the court ruled that the county acted properly in shutting the business down for its lack of a conforming septic system. Houle said the county also shut down a restaurant previously at the Country Hearthside building for the same reason.
The court also ruled that since the adult-use business opened illegally and wasn't grandfathered in the county's old adult use zoning requirements it would have to meet the county's newer, stricter zoning requirements, which include setback requirements of one-quarter mile from houses and other liquor establishments.
Houle said no adult-use business can operate at the location because a bar and a residence are within a quarter-mile.
Houle said Wheeler argued that the land use ordinance was unconstitutional on the grounds that it relied on inadequate information regarding the negative effects of adult-use businesses and that there was insufficient allowances for adult-use businesses to operate within the county. Houle said the court ruled that the ordinance was valid.
In a news release, Morrison County Attorney Conrad Freeberg said, "The zoning rules are meant to protect our community and especially our children from unwanted exposure to sexually related material as best we are allowed to do within constitutional limits."
The courts are clear that we cannot prohibit adult uses everywhere, but we can shelter our homes and places where our children congregate from being subjected to it against their will."
Wheeler has 30 days to appeal the decision to the Minnesota Supreme Court if he wishes.
Randall Tigue, Wheeler's attorney, could not be reached Thursday for comment.
JENNIFER STOCKINGER can be reached at jennifer.stockinger@brainerddispatch.com or 855-5851.
|
|
|
Thinking about a New Job?
These employers want you!
|
|
Schools has an opening fo...
|
|
not a
9-5 person,
how about
11-2, 4-...
|
|
CASH!!
Independent Carrier need...
|
|
position plans sales trai...
|
|
is hiring for the following
...
|
|
|
|
Bids Being Accepted
call...
|
|
|
|
|
|
|
|
Today's Best Classifieds:
|
|
|
|
|
|
Overcast, 61°
