Hubbard County Judge Rasmussen agreed with Hubbard COLA, 5th Crow Wing Lake Association and Ed Mutsch in their case against Hubbard County and Rice Bay PUD. Judge Rasmussen issued a ruling Feb. 24, 2011 that Hubbard County’s Board of Adjustment’s (BOA) decision to grant Rice Bay PUD 11 boat slips instead of the 3 authorized by the Shoreland Management Ordinance (SMO) was arbitrary and capricious and not according to law because the BOA did not consider all the factors necessary for granting a variance under Section 1104 of the SMO and that not all the findings of the BOA regarding the variance are supported by the record. The Judge further noted that the Rehkamps (owners of Rice Bay PUD) created the need for applying for a variance by filing for a final plat with more than 3 boat slips. Such a need is not permissible under the SMO. The Judge also agreed that the Rehkamps can file for a final plat and install up to 3 boat slips as allowed by law.
This decision supports COLA’s initial premise in bringing the lawsuit that the Board of Adjustment violated the SMO rules and failed to follow their own procedural rules in authorizing more boat slips than are permissible under the SMO.