Continued Dispute between Afton Marina and Yacht Club and the City of Afton
A dispute between Afton Marina and Yacht Club and the City of Afton arose when BJS Restaurants proposed a new boat-in restaurant on the marina’s property back in 2017. Afton Marina sits on the St. Croix River, right in downtown Afton. Marina officials requested a permit to install a driveway leading to 32nd Street, an unimproved public right-of-way used by the neighboring marina, Windmill Marina. Windmill Marina has had an agreement with the City to use the road since 1982. The City approved a building permit for Afton Marina, but did not grant driveway access on 32nd Street, prompting Afton Marina to file a lawsuit in Washington County District Court.
Afton Marina filed a petition seeking summary judgment, asking the court to order the driveway permit to be issued because the City failed to deny the marina’s application within a 60-day period. The argument was rejected by the court and their motion for summary judgment was denied earlier this month. The trial remains on the schedule for January 21, 2020; however, the City of Afton will be seeking dismissal of Afton Marina’s claims through a motion for summary judgment in October.