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But the city points to another case in 2008, where the Court of Appeals sided with Plymouth after the city required a dock to be removed from Medicine Lake because the land didn’t abut the lake and was on city right of way. The court also sided in the 1990s with the city of Minnetonka after a homeowner had a dock on a Lake Minnetonka lot without any other building.
Gustafson’s two neighbors are also encouraging the city to reject the dock, but they declined to comment, as did their attorney.
After the Planning Commission decision Wednesday, the City Council will still have a final say. If Gustafson is unable to build his dock, he says he’ll take it to court to get a judge’s interpretation.
Until then, he and his family will do this summer what they’ve done the past two years, lining up with the crowds of boaters launching from Medicine Lake’s public access, buzzing by the property he owns.
“All I want is to put my dock out there,” he said. “The city of Plymouth is treating everybody else’s lakeshore as more equal than mine.”
Kelly Smith • 612-673-4141 Twitter: @kellystrib