author: LAVORATO, Chief Justice.

text:
    Karl KNUDSON and Crisan Singer, Appellants, v. CITY OF DECORAH, Appellee.
    No. 99-0987.
    Supreme Court of Iowa.
    Dec. 20, 2000.

      Karl G. Knudson, Decorah, for appellants.
    Richard D. Zahasky, Decorah, for appel-lee.
   LAVORATO, Chief Justice.

In this proceeding, Karl Knudson and Crisan Singer challenged the City of Deco-rah’s (City) decision to issue tax increment finance bonds pursuant to Iowa Code chapter 403 (1997), Iowa’s Urban Renewal Law, for a residential development in an urban renewal area. They did so by filing appeal to the district court pursuant to Iowa Code section 403.9(3) and a declaratory judgment action. The district court sustained the City’s motion for summary judgment dismissing both the appeal and declaratory judgment action. Knudson and Singer appeal, raising issues concerning the validity of certain actions the City took under chapter 403. We affirm in part, reverse in part, and remand.

I. Background.

To understand the issues in this case, we think it would be helpful to discuss several provisions in chapter 403 before proceeding to the facts, procedural history, and merits.

Iowa Code section 403.2 sets out the legislature’s declaration of policy. The provision declares that there exist in the municipalities of this state

“slum and blighted areas ... which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state ... and that the prevention and elimination of slums and blighted areas is a matter of state policy.... ”

Iowa Code § 403.2(1).

The announced purpose of chapter 403 includes the prevention, elimination, and rehabilitation of “slum and blighted areas” in order that the

“state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency and consume an excessive proportion of state revenues because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services, and facilities.”

Id.

Iowa Code section 403.2(3) declares that there “exists in this state the continuing need for programs to alleviate and prevent conditions of unemployment and a shortage of housing....” Iowa Code § 403.2(3). This provision also recognizes' that it is

necessary to provide means and methods ... for the provision of public improvements related to housing and residential development, and for the construction of housing for low and moderate income families; that accordingly it is necessary to authorize local governing bodies to designate areas of a municipality as economic development areas for ... public improvements related to housing and residential development, or construction of housing for low and moderate income families....

Iowa Code § 403.2(3) (emphasis added).

Several provisions in chapter 403 give municipalities a variety of powers to remedy the problems identified by the Urban Renewal Law and to further its purposes. One such power includes

undertaking] and carrying] out urban renewal projects within its area of operation; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this chapter; and to disseminate slum clearance and urban renewal information.

Iowa Code § 403.6(1) (emphasis added).

An urban renewal project may include undertakings and activities of a municipality in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, [and] may include the designation and development of an economic development area in the urban renewal area....

Iowa Code § 403.17(24) (emphasis added).

An “urban renewal area” is “a slum area, blighted area, economic development area, or combination of the areas, which the local governing body designates as appropriate for an urban renewal project.” Iowa Code § 403.22 (emphasis added).

An “economic development area” refers to

an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises, public improvements related to housing and residential development, or construction of housing and residential development for low and moderate income families, including single or multifamily housing.

Iowa Code § 403.17(9) (emphasis added).

An “urban renewal plan” is defined as “a plan for the development, redevelopment, improvement, or rehabilitation of a designated urban renewal area, as it exists from time to time.” Iowa Code § 403.23.

To pay for renewal projects, municipalities have the “power to periodically issue bonds in [their] discretion to pay the costs of carrying out the purposes and provisions” of chapter 403. Iowa Code § 403.9(1). Municipalities may use tax money obtained through levies on taxable property in the urban renewal area to (1) pay the principal of and interest on such bonds used to finance in whole or in part an urban renewal project within the urban renewal area and (2) provide assistance for low and moderate income family housing. Iowa Code § 403.19(2).

However, Iowa Code section 403.22(1) (Supp.1997) places a limitation on the use of taxes in this fashion. This provision provides that

[w]ith respect to any urban renewal area established upon the determination that the area is an economic development area, a division of revenue as provided in section 403.19 shall not be allowed for the purpose of providing or aiding in the provision of public improvements related to housing and residential development, unless the municipality assures that the project will'include assistance for low and moderate income family housing.

Iowa Code § 403.22(1) (emphasis added). This provision goes on to explain the formula for calculating the amount to be provided for low and moderate income (LMI) family housing assistance. See. id. The formula essentially requires that a percentage of the original project cost be devoted to LMI family housing assistance.

Before a municipality may exercise the powers granted it under chapter 403, its local governing body must adopt a resolution finding that:

1. One or more slum, blighted, or economic development areas exist in the municipality.
2. The rehabilitation, conservation, redevelopment, development, or a combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the municipality.

Iowa Code § 403.4 (emphasis added).

In addition,

[a] municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has, by resolution, determined the area to be a slum area, blighted area, economic development area op a combination of those areas, and designated the area as appropriate for an urban renewal project.

Iowa Code § 403.5(1) (emphasis added).

Before a municipality may issue bonds to pay the costs of carrying out the purposes and provisions of chapter 403, it must authorize such action by resolution or ordinance. Iowa Code § 403.9(3). And before instituting proceedings to issue the bonds, the local governing body of the municipality must publish

notice of the proposed action, including a statement of the amount and purposes of the bonds and the time and place of the meeting at which the local governing body proposes to take action for the issuance of the bonds....

Id.

After receiving and considering all objections at such meeting, such body “may take additional action for the issuance of the bonds....” Id. However,

[a]ny resident or property owner of the municipality may appeal the decision of the local governing body to take additional action to the district court of the county in which any part of the municipality is located, within fifteen days after the additional action is taken.

Id. Nevertheless, “[t]he additional action of the local governing body is final and conclusive unless the court finds that the municipality exceeded its authority.” Id.

It is against this background that we now turn to the facts and procedural history of this case.

II. Facts.

On June 17, 1997, the City designated 200 acres within its corporate limits as a “Hospital Medical and Residential Urban Renewal Area” (Renewal Area), according to a “resolution of necessity.” See Iowa Code §§ 403.4, .17(22) (1995). The resolution stated that the area had been determined appropriate for designation as an economic development area because, as the City concedes, the area was “appropriate for public improvements related to housing and residential development.”

On July 15 the City passed a resolution approving an “Urban Renewal Plan” (Renewal Plan) concerning the Renewal Area. See Iowa Code § 403.17(28) (1997).

On November 4 the City adopted a “Resolution Approving an Urban Renewal Project” (Renewal Project) submitted to it by Aase Haugen Properties, Inc. and Highland Place, Inc., owners of approximately 162 of the 200 acres designated as the Renewal Area. See Iowa Code § 403.17(24). The Renewal Project proposed the construction of senior housing and other residential structures and called for tax increment financing.

On April 21, 1998, the City entered into an “Agreement of Redevelopment” (Redevelopment Agreement) with Aase Haugen Properties, Inc. and Highland Place, Inc., pertaining to the development of the Renewal Area. The same day the City adopted a resolution approving the Redevelopment Agreement.

The Redevelopment Agreement called for the construction of public improvements within a portion of the Renewal Area designated as “Phase I.” These improvements included “water, sanitary sewer, street, curb and gutter, storm sewer, lighting, regulatory and warning signs, and retaining walls necessary for street construction, including engineering costs associated with such improvements.” The agreement provided for tax increment financing for these improvements.

The Phase 1 public improvements were divided into two main parts: Priority 1 and Priority 2. Priority 1 consisted of “[a]ll public improvements East from the quarter section line of the Southwest quarter of the Northeast quarter of Section 9 to existing improvements at or near Locust Road.” (This is a distance of 1350 feet and this area is commonly referred to in the record as the “eastern 1350 feet.”) Their location is designated on the attached exhibit as “Priority 1.” The tax increment financing of these improvements is the subject of one of the issues in this case.

Priority 2 consisted of “public improvements West of the quarter section line of the Southwest quarter of the Northeast quarter of Section 9” and included the following improvements: water, sanitary sewer, street improvements (including grading and curb and gutter, but not including sidewalks or trails), storm sewer, lights, signs, and any other miscellaneous public improvements. The improvements are designated on the attached exhibit as “Priority 2.”

According to the Redevelopment Agreement, Aase Haugen Properties, Inc. would provide the City with a minimum assessment agreement that the minimum improvements to its property in the project area would have a value of not less than $5,700,000. The Redevelopment Agreement required the City to use funds from the issuance of tax increment financing bonds (TIF bonds) to pay for Priority 1 improvements and to devote any residual funds from the issuance of these bonds to Priority 2 improvements.

The Redevelopment Agreement recognized that,

in computing the amount of incremental revenues available from the project to pay debt service on the bonds, the City is subject to the requirement under the Urban Renewal Act that the City devote not less than 36.35% of the incremental taxes to be used for the provision of housing and residential development to provide assistance for low and moderate income family housing.

On May 19, 1998, the City approved a subdivision plat known as the “Highland Place Subdivision” for the Renewal Area. The plat contained several restrictive covenants, one of which prohibited the placement of “modular or factory built” homes in the subdivision. „

Following a public hearing, the City adopted a resolution on July 21 approving a tax-increment financing ordinance. That ordinance provided that the portion of taxes each year in excess of the base-period taxes would be paid into a special tax increment fund to (1) pay the principal of and interest on the bonds issued to finance the Renewal Project and (2) provide assistance for low and moderate income family housing. The City also decided to issue TIF bonds and adopted a resolution instituting proceedings to take additional action to issue those bonds. A week later, following a public hearing, the City adopted a resolution providing for the issuance of TIF bonds to provide a portion of the financing for the Renewal Project.

III. Proceedings.

On August 5, Knudson and Singer appealed to the district court. Both are residents of the City. Knudson is a property tax payer, and Singer has an income placing her in a low- to moderate-income category within the meaning of Iowa Code section 403.22.

They challenged the legitimacy of the City’s action in approving the issuance of TIF bonds to pay for part of the Renewal Project. See Iowa Code § 403.9(3). The petition essentially alleged that the City had exceeded its authority in approving issuance of the bonds. The petition also stated a request for declaratory judgment that the City had acted in violation of Iowa Code chapter 403. Later, the petitioners amended their petition, raising several other issues.

Ultimately, the district court sustained the City’s motion for summary judgment, rejecting all of the contentions Knudson and Singer raise in their appeal to this court.

IV. Scope of Review.

We review a grant of a motion for summary judgment for correction of errors at law. Western States Ins. Co. v. Continental Ins. Co., 602 N.W.2d 360, 362 (Iowa 1999). Summary judgment is proper when

the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.

Iowa R.Civ.P. 237(c). On review, we examine the record before the district court to decide whether any material fact is in dispute and whether the district court correctly applied the law. Richardson v. Commodore, Inc., 599 N.W.2d 693, 696 (Iowa 1999). In the district court and on review, the evidence must be viewed in the light most favorable to the nonmoving party — in this instance, the appellants. Id. The nonmoving party is entitled to every legitimate inference that can be reasonably deduced from the evidence. Id.

Additionally, as the City correctly notes, this case involves issues of statutory construction. Such issues raise legal questions and are properly resolvable by summary judgment. See Krull v. Thermogas Co., 522 N.W.2d 607, 610 (Iowa 1994).

Y. Issues.

The appellants raise three main issues on appeal. They first assert the City has failed to comply with the low and moderate income requirements of Iowa Code section 403.22(1) (Supp.1997).

They next assert the City has violated the legislative intent of chapter 403. The appellants argue the violations occurred because the Renewal Project does not result in an increase in “affordable” housing in the Renewal Area and because restrictive covenants of the private landowners bar the construction of manufactured housing in the Renewal Project.

The appellants last contend that the City has acted illegally in that the Renewal Project is inconsistent with and violates the City’s comprehensive/general growth plan.

VI. Compliance with Iowa Code Section 403.22(1).

As mentioned, Iowa Code section 403.19(2) permits municipalities to use TIF bonds to finance an urban renewal project within the urban renewal area. But, “[w]ith respect to any urban renewal area established upon the determination that the area is an economic development area,” tax increment financing “shall not be allowed for the purpose of providing or aiding in the provision of public improvements related to housing and residential development, unless the municipality assures that the project will include assistance for low and moderate income family housing. ” Iowa Code § 403.22(1) (emphasis added).

A. The parties’ contentions. The appellants claim that the City intends to use tax increment financing for Priority 1 improvements (the eastern 1350 feet) but considers tax increment financing for such improvements as exempt from LMI requirements. According to the most recent estimates, the City will receive a total of $1,314,552 in incremental taxes over the next fifteen years. Of that amount, $1,182,269 will be used to pay the TIF bonds issued to finance the improvements for the Renewal Project. The remaining $132,284 will be applied to LMI housing assistance over the fifteen-year period. This will result in an LMI housing assistance contribution rate of 10.06% rather than 36.35%, as stated in the Redevelopment Agreement.

Applying the 36.35% rate to the $1,314,552 in incremental taxes produces a product of $477,840 rather than the $132,284 the City is claiming should be applied to LMI housing assistance. Therefore, the exemption claimed by the City will result in a shortfall of $345,556 for LMI housing assistance.

The City argues that the Redevelopment Agreement and ordinance adopted on July 21, 1998, support its position that 36.35% of the tax increment financing attributable only to the public improvements for Priority 2 improvements would be set aside for LMI housing assistance. The City relies on the language in the Redevelopment Agreement “that the City devote not less than 36.35% of the incremental taxes to be used to provide public improvements related to housing and residential development to provide assistance for low and moderate income family housing.” (Emphasis added.) The ordinance simply provides that a portion of the incremental taxes will be used “to provide assistance for low and moderate income family housing as provided in section 403.22.”

Implicit in this language of the Redevelopment Agreement and of the ordinance is that Priority 1 public improvements are not related to housing and residential development, and — for that reason — tax increment financing for those improvements is not to be included in the calculation of LMI housing assistance. This is the position the City takes here. Not surprising, the appellants contend such improvements are so related and therefore must be included in the calculation of LMI housing assistance.

B. The merits. The issue narrows down to whether the Priority 1 public improvements are “related to housing and residential development” for purposes of section 403.22(1).

The phrase “related to housing and residential development” as used in section 403.22(1) is not defined. However, “housing and residential development” as that phrase is used in chapter 403 “means single or multifamily dwellings.” Iowa Code § 403.17(11). It is undisputed that the construction projects for the Renewal Area fit the definition of “housing and residential development.” The only issue is whether the Priority 1 improvements are related to housing and residential development in the Renewal Area for the purposes of section 403.22(1).

Our task then is to construe the phrase “related to.” Because chapter 403 does not define the phrase, we look to its common and ordinary meaning. Gerst v. Marshall, 549 N.W.2d 810, 814 (Iowa 1996). The term “ ‘related’ is a commonly used word with a broad meaning that encompasses a myriad of relationships.” Bay Cities Paving & Grading, Inc. v. Lawyers’ Mut. Ins. Co., 5 Cal.4th 854, 21 Cal.Rptr.2d 691, 699, 855 P.2d 1263, 1271 (1993). Though it has a broad meaning, “related” is not necessarily an ambiguous word. Id. at 1274.

The dictionary defines “related” as “having relationship.” Webster’s Third New International Dictionary 1916 (unabr. ed.1993). In a legal context, “related” has been defined to mean “standing in relation; connected; allied; akin.” Nowland Realty Co. v. Comm’r of Internal Revenue, 47 F.2d 1018, 1021 (7th Cir.1931); accord Black’s Law Dictionary 1288 (6th ed.1990). “Related” has been described as involving both logical and causal connections. See Bay Cities Paving, 21 Cal.Rptr.2d 691, 702, 855 P.2d at 1274. The similar phrase “relate to” carries a like meaning: “[t]o stand in some relation; to have bearing or concern; to pertain; refer; to bring into association with or connection with.... ” Black’s Law Dictionary 1288.

The appellants assert that the eastern 1350 feet of infrastructure improvements, i.e., Priority 1, which include a street, would provide the only public access and sewer/water service into the interior 162 acres of the Renewal Area. They claim that, without these improvements, the interior land cannot be developed for housing and residential purposes.

In response, the City contends that the Priority 1 improvements are. not related to housing and residential development because those improvements will not actually be in or be a part of any housing or residential development. Implicit in the City’s argument is that, for public improvements to be related to housing and residential development, the improvements must be in or part of the housing and residential development in question.

However, there is nothing in chapter 403 that supports the City’s argument. Rather, section 403.22(1) merely requires that public improvements be related to housing and residential development. Here, the Priority 1 improvements lead directly into and connect directly with the housing and residential development in the Renewal Area. Though the Priority 1 improvements are not actually in or part of any residential development in the Renewal Area, those improvements appear to provide the only link between the Renewal Area and surrounding areas. For example, the street contemplated by the Priority 1 improvements will provide the main, if not the only, route of access to and from the housing and residential communities in the interior portion of the Renewal Area. As the appellants point out, without this improvement, the development of the interior land could not occur.

The City suggests that the street in the Priority 1 area may be part of a future street plan that will serve more than the Renewal Area. Nevertheless, we cannot ignore that this street will continue to provide significant service to the Renewal Area. Simply because public improvements might relate to more than just housing and residential development does not- mean that those improvements do not relate to housing and residential development. Additionally, section 403.22(1) contains no language that mandates its requirements apply only if the public improvements relate to housing and residential development and nothing else. Moreover, as things are now planned, the Priority 1 improvements remain primarily connected to the Renewal Area. This fact should not be negated by the possibility that sometime in the future those improvements may become part of a greater development project.

We conclude that as a matter of law the Priority 1 public improvements are related to the housing and residential development in the Renewal Area because such improvements have a reasonable nexus or logical connection with the development. See Showalter v. Rinard, 126 B.R. 596, 599 (D.Or.1991) (holding that, in the context of bankruptcy, a civil proceeding is related to a bankruptcy case for purposes of establishing district court jurisdiction “if there is a reasonable nexus or logical connection between the two”). Therefore, the City was statutorily required pursuant to section 403.22(1) to give adequate assurances that those improvements will be included in calculating the amount of money to be provided for assistance for low and moderate income family housing. It is undisputed that the City has not given such assurances. The district court erred in concluding the City has given adequate assurances as required by law and in granting summary judgment on this issue.

The district court also concluded section 403.22(1) does not mandate that tax increment funds from the TIF bonds diverted for LMI housing assistance must be spent in the Renewal Project. Rather, such funds may be spent at various locations within the City. The appellants did not dispute this in district court, nor do they dispute it here. We likewise agree with the district court.

C. City’s remaining argument. On August 22, 1997, the City’s administrator sent a “Pre Application” letter to the Iowa Department of Economic Development (IDED), stating that the LMI percentage should be reduced and asking for a variance. See Iowa Code § 403.22(1) (giving IDED authority to vary the LMI percentage “if the municipality can show that it cannot undertake the project if it has to meet the [LMI] assistance requirements”). According to the administrator, IDED told him that, if IDED received confirmation from the City’s bond counsel that the requirements of section 403.22(1) do not apply to the Priority 1 improvements, there would be no LMI obligation for such improvements.

The City withdrew its request for the variance and later voted to issue the TIF bonds. Three days later the City’s bond counsel wrote IDED informing it that counsel believed the requirements of section 403.22(1) did not apply because the Priority 1 improvements were not directly related to the housing and residential development in the Renewal Area. Such improvements were not so related, counsel wrote, because the improvements were not actually a part of the housing and residential development.

The City contends that, when it withdrew its request for variance, it relied on IDED’s interpretation of the LMI requirements and the written opinion from the City’s bond counsel, with which IDED agreed. For reasons that follow, we conclude the City’s reliance was misplaced.

There is nothing in chapter 403 that gives IDED the power to determine whether the requirements of Iowa Code section 403.22(1) apply. Rather, section 403.22(1) gives IDED the authority to set a different LMI percentage as “set out in a plan adopted by the municipality and approved by [IDED] if the municipality can show that it cannot undertake the project if it has to meet the low and moderate income family assistance requirements.” Iowa Code § 403 .22(1). Pursuant to this authority, the Iowa Administrative Code gives IDED the responsibility to rule on requests for variances from the LMI housing assistance requirements of section 403.22(1). See Iowa Admin. Code r. 261 — 26.1 (1998). This rule does not give IDED authority to determine whether the LMI requirements of section 403.22(1) apply. Rather, the rule merely gives IDED the authority to determine when it may exempt a municipality from the statute’s requirements to which the municipality would otherwise be subject. See generally Iowa Admin. Code ch. 261 — 26.

The City’s bond counsel’s opinion adds nothing to IDED’s authority. The opinion was simply that — just an opinion, which could be right or wrong.

It is undisputed that the City neither complied with the requirements of section 403.22(1) nor with the administrative rules regarding a request for a variance. Without such a variance, we hold as a matter of law the City was not exempt from the LMI requirements regarding the Priority 1 improvements. The district court erred in concluding otherwise and in granting summary judgment on this issue.

VII. Whether the Renewal Project Complies with the Legislative Intent of Iowa Code Chapter 403.

The appellants also assert that the Renewal Project is in violation of the legislative intent underlying chapter 403 that tax increment financing of public improvements related to housing and residential development should (1) result in affordable housing and (2) not exclude manufactured housing.

A. Whether the. Renewal Project must result in affordable housing. The appellants assert that we should interpret chapter 403 to require that, when revenues from the issuance of TIF bonds are used to finance public improvements related to housing and residential development, the development should result in an increase in “affordable” housing in the project area. The appellants argue this is necessary to make the provisions of chapter 403 consistent with the public purpose requirement of article III, section 31 of the Iowa Constitution (requiring that “no public money or property shall be appropriated for local, or private purposes.... ”).

As mentioned, the appellants concede that LMI funds generated by the issuance of TIF bonds can be used anywhere within the City to provide housing assistance. However, they argue that there is still a requirement that the “development must meet a need by providing affordable housing in the project area to those who would not otherwise be able to afford decent, safe, and sanitary housing.”

The Renewal Project here hinged on the designation of the area in question as an “economic development area.” This was based on the finding that the area was “appropriate for public improvements related to housing and residential development.” See Iowa Code § 403.2(3).

The term “housing and residential development” as used in chapter 403

means single or multifamily dwellings to be constructed in an area with respect to which the local governing body of the municipality determines that there is an inadequate supply of affordable, decent, safe, and sanitary housing and that providing such housing is important to meeting any or all of the following objectives: retaining existing industrial or commercial enterprises; attracting and encouraging the location of new industrial or commercial enterprises; meeting the needs of special elements of the population, such as the elderly or persons with disabilities; and providing housing for various income levels of the population which may not be adequately served.

Iowa Code § 403.17(11) (emphasis added).

When read together, Iowa Code sections 403.2(3) and .17(11) suggest that, when an economic development area is designated as appropriate for housing and residential development, this means the area is appropriate for the construction of single and multifamily dwellings in that area. The facts necessary for such a designation are two: (1) there is a shortage of affordable, decent, safe and sanitary housing in the economic development area and (2) providing such housing in the economic development area is important to meeting a variety of goals.

Therefore, unless affordable housing is constructed in the economic development area, then the purpose of designating the area as an economic development area would not be met. Any public financing of a residential development in an economic development area that does not provide affordable housing would result in the use of public money for private purposes because the public purposes of chapter 403 would not be met.

Chapter 403 is silent on what constitutes affordable housing. Appellants suggest that affordable housing should be defined as the type of housing that is available to “persons ... not ... so poor as to fit into the LMI category, but ... not ... so wealthy that they are capable of meeting their housing needs independently without urban renewal.” They assert our decision in John R. Grubb, Inc. v. Iowa Housing Finance Authority, 255 N.W.2d 89 (Iowa 1977), supports their interpretation of Iowa Code section 203.17(11). Their reliance on Grubb is misplaced. There we were concerned with the powers of the Iowa Housing Finance Authority under Iowa Code chapter 220 (now Iowa Code chapter 16). Language in that case upon which appellants seek to rely is not applicable because our discussion was based primarily on specific statutory language that is not applicable to the present case.

What appellants are really seeking is an objective definition of “affordable.” Iowa Code section 403.17(11) does not support the type of objective definition that appellants argue should apply. Section 403.17(11) does not require that such “affordable” housing be available to “persons ... not ... so poor as to fit into the LMI category, but ... not ... so wealthy that they are capable of meeting their housing needs independently without urban renewal.” Rather, “affordable” housing need only be the type of housing that is important to, for example, “meeting the needs of special elements of the population, such as the elderly or persons with disabilities” or “providing housing for various income levels of the population which may not be adequately served.” Where housing would meet these needs, it cannot be said not to be “affordable.”

Additional support for this interpretation is found in Iowa Code section 403.2(3), wherein the public purpose for the designation of economic development areas stems from “the continuing need for programs to alleviate and prevent conditions of unemployment and a shortage of housing .... ” Iowa Code § 403.2(3). The public purpose as it relates to the designation of economic development areas is not strictly for the need to eliminate a shortage of lower income housing as is implied by the definition of “affordable” housing proffered by the appellants. Rather, because the legislature did not limit the scope of section 403.2(3) it appears the legislature was interested in alleviating and preventing housing shortages in all income ranges. Nothing in article 3, section 31 of the Iowa Constitution states that the public purpose requirement can only be satisfied where a project or expenditure benefits only lower income persons or those persons specifically identified by the appellants; and this court has previously said that “[a] law may serve the public interest although it benefits certain individuals or classes more than others.” Grubb, 255 N.W.2d at 95. Furthermore, that a public purpose is served even where certain individuals or classes are benefited more than others is not negated, even if we assume (without deciding) that the legislature intended the provisions of section 403.2(3) or section 403.17(11) to primarily benefit lower income persons or those persons identified by the appellants. See Gravert v. Nebergall, 539 N.W.2d 184, 188 (Iowa 1995).

Here, the appellants produced evidence, which the City does not dispute, showing that the cost of residential development and senior housing to be built in the project area can only be afforded by those with medium to high levels of income. However, appellants have made no showing that such housing will not assist in meeting the objectives outlined in Iowa Code section 403.17(11). Appellants have made no showing that the housing at issue here will not be affordable by those for whom the City has determined such housing is needed — for example, the elderly or certain income levels of its population. Absent any showing to this effect, it cannot be said the City has acted contrary to the provisions of the Urban Renewal Law or the act’s stated public purpose, or that the City has acted in violation of the public purpose requirement of article III, section 31 of the Iowa Constitution.

In granting summary judgment for the City on this issue, the district court ruled that “[i]t is well within the definition of public purpose for a municipality to attempt to stop the flow of its residents to surrounding suburbs and countryside.” While we make no ruling with respect to the propriety of the district court’s logic or rationale, we nevertheless affirm the district court’s ruling. See Grefe & Sidney v. Watters, 525 N.W.2d 821, 826 (Iowa 1994) (holding this court will affirm the judgment of a district court on any proper basis appearing in the record, even though it is not one upon which the district court based its holding).

B. Whether the City has improperly excluded manufactured housing. The Iowa Code provides that

[a] municipality shall not prohibit or restrict the construction of manufactured homes in any project for which public improvements were finalized under this section. As used in this subsection, “manufactured home ” means the same as under section 435.1, subsection 2.

Iowa Code § 403.22(6) (Supp.1997). Iowa Code section 435.1(2) provides that a manufactured home “is a factory-built structure built under the authority of 42 U.S.C. § 5403....” Iowa Code § 435.1(2) (1997).

On May 19, 1998, the City approved an addendum to the Renewal Project subdivision plat and restrictive covenants by the developers, Aase Haugen Properties, Inc. and Highland Place, Inc. One restrictive covenant provided that “[n]o modular or factory-built home may be placed in the addition.” (Emphasis added.)

The appellants contend that, in approving the restrictive covenant, the City prohibited or restricted the construction of manufactured homes in the Renewal Project. The City responds that it merely approved the subdivision plat and restrictive covenants and that it did not itself take action prohibiting or restricting the construction of manufactured homes in the project. The City argues that the covenants were contractual in nature and were between private landowners.

We agree with the appellants that the legislative intent of section 403.22(6) was to prohibit tax increment financing of any public improvements in a development that excludes manufactured housing. We hold as a matter of law that, by its approval of the plat, the City violated section 403.22(6).

We conclude the district court erred in granting summary judgment on this issue.

VIII. Whether the Renewal Project Conforms to the City’s General Plan.

The appellants’ last contention is that the Renewal Project does not conform to the City’s general plan and, therefore, violates Iowa Code sections 403.5(4)(b) and .17(23). In support of their contention, the appellants argue that the Renewal Project violates the City’s plan because the project (1) contains a street ending in a cul-de-sac that is approximately 4000 feet long and (2) violates the plan’s prohibition against “leapfrog development.”

A. Background. An urban renewal plan must “[cjonform to the general plan for the municipality as a whole.... ” Iowa Code § 403.17(23); see also Iowa Code § 403.5(4)(b) (providing that a municipality may approve an urban renewal plan if it finds that the “plan conforms to the general plan of the municipality as a whole”). Chapter 403 does not define “general plan.” However, the .City does not dispute that its “Comprehensive Development Plan” is its “general plan.”

Not only must an urban renewal plan be consistent with the general plan, but an urban renewal project must be consistent with the urban renewal plan. See Iowa Code § 403.17(24) (providing that an urban renewal project “may include undertakings and activities of a municipality in an urban renewal. area ... in accordance with an urban renewal program”). Therefore, as the appellants contend, both the City’s Renewal Plan and Renewal Project must be in conformity with the general plan, ie., the City’s comprehensive development plan.

B. Cul-de-sac requirements. The City’s general plan states that “cul-de-sac streets ... shall not be longer than six hundred feet....” This requirement is found in the plan’s section regarding zoning and subdivision ordinances. The plan’s section on policies regarding local streets similarly provides that “[c]ul-de-sac streets generally should be short, not over 600 feet in length.... ”

Here, the Renewal Project calls for the construction of a cul-de-sac street extending almost 4000 feet. The Renewal Project therefore does not conform to the City’s general plan.

The City does not dispute this. Rather, the City contends that the cul-de-sac street is part of a future plan to build a “collector” street through the Renewal Area. The City further contends that this cul-de-sac street will some time in the future connect to other streets, making a “through” street that would not be in violation of the 600 foot cul-de-sac limit.

However true this may be, the Renewal Project calls for the construction of a cul-de-sac street whose length is in violation of the City’s general plan. Additionally, the record evidence indicates that the cul-de-sac may be surrounded by housing development, possibly precluding the extension of a “through street” anywhere off the cul-de-sac.

For all these reasons, we conclude as a matter of law the cul-de-sac is in violation of the City’s general plan. Our conclusion necessarily means the Renewal Plan and Renewal Project do not conform with the City’s general plan as required by law.

We conclude the district court erred in granting summary judgment on this issue.

C. “Leapfrog” development. The policy section of the City’s general plan provides that

[t]o accommodate ... growth and to provide for economical extension of utilities, streets, and other municipal services, and to minimize leapfrog development, urban growth should occur as infill and extend outward from developed areas.

We view “leapfrog” development as referring to new development that does not extend outward in a- uniform and continuous fashion from existing developments.

We think the “leapfrog” development provision is simply a stated goal in the City’s general plan. By this we mean that the plan simply discourages leapfrog development but does not prohibit it. Unlike the cul-de-sac requirements, the leapfrog language does not appear in the City’s zoning or subdivision ordinances. The plan therefore does not require the City to prohibit leapfrog development.

We conclude the district court correctly granted summary judgment on this issue.

IX. Disposition.

In sum, we reach the following conclusions. The Priority 1 improvements are related to the housing and residential development in the Renewal Area. For this reason, the City was required to give assurances pursuant to Iowa Code section 403.22 that those improvements would be included in calculating the amount of money for assistance for low and moderate income family housing. The City failed to give such assurance. The district court erred in concluding otherwise and in granting summary judgment on this issue.

Though we rely on different grounds than those of the district court, we conclude the district court did not err in granting summary judgment on appellants’ argument that residential development in the Renewal Area will not be affordable, and therefore violates the legislative intent and purpose of Chapter 403 and the public purpose requirements of article III, section 31 of the Iowa Constitution.

The City improperly excluded manufactured housing in the Renewal Project and violated the City’s general plan by approving the construction of a cul-de-sac street extending almost 4000 feet in the Renewal Project. The district court erred in concluding otherwise and in granting summary judgment on this issue.

The district court did not err in granting summary judgment as to the appellants’ contention that the Renewal Project violates the City’s general plan relating to leapfrog development.

Accordingly, we affirm in part, reverse in part, and remand for further proceedings.

We have considered all of the parties’ contentions. Those we have not addressed either lack merit or were not preserved for our review.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.


source: Caselaw Access Project

author: LANCASTER, Justice.

license: Public Domain

text:
    Terrance Lee GENIN, Petitioner, Appellant, v. 1996 MERCURY MARQUIS, VIN No. 2MEBP95F9CX644211, LICENSE NO. MN 225 NSG, Respondent.
    No. C7-99-1577.
    Supreme Court of Minnesota.
    Feb. 8, 2001.

      Charles A. Ramsay, Rebecca M. Rhoda, Ramsay & Devore, P.A., Roseville, for appellant.
    James D. Hoeft, Scott M. Lepak, Barna, Guzy & Steffan, Ltd., Minneapolis, for respondent.
    Minnesota Soc. of Crim. Justice, Jeffrey S. Sheridan, Eagan, amicus curiae.
   OPINION

LANCASTER, Justice.

At issue in this case is the question of who must pay storage fees when the police seize and store a vehicle pursuant to a vehicle forfeiture statute, Minn.Stat. § 169.1217 (1998), where the vehicle is ultimately returned to the owner after a judicial forfeiture determination. The court of appeals held that the vehicle owner is responsible for the accumulated storage fees. We reverse.

Terrance Lee Genin was arrested for driving while intoxicated on August 22, 1998, in the city of Centerville. He was charged with three gross misdemeanor alcohol-related driving offenses: Count I was “Driving with an Alcohol Concentration of Over .20, 2nd in Five Years,” which carried a two-year maximum sentence and was an “enhanced” gross misdemeanor; Count II was “DWI, 2nd in Five Years,” which carried a maximum penalty of one year in jail; and Count III was “Driving with an Acohol Concentration of Over .10, 2nd in Five Years,” which carried a one-year maximum penalty.

The forfeiture statute pursuant to which the police seized Genin’s vehicle permits forfeiture only for certain designated offenses. Minn.Stat. § 169.1217, subds. 6-7 (1998); see Minn.Stat. § 169.1217, subd. 1(c) (1998) (listing the violations that constitute designated offenses). Genin’s vehicle was seized because Count I charged an enhanced gross misdemeanor that was a designated offense.

The police seized Genin’s vehicle pursuant to an administrative forfeiture provision of the forfeiture statute. The police provided Genin notice of his right to file a demand for a judicial forfeiture determination and Genin filed the demand.

On January 27, 1999, Genin received his judicial forfeiture determination. The district court dismissed the forfeiture complaint without prejudice because, at that point, there had been no judicial determination as to license revocation or the criminal charges against Genin. The court therefore ordered that Genin’s vehicle be returned to him. The record does not indicate whether Genin attempted to retrieve his vehicle at that point, but the record is clear that in fact the vehicle remained in storage.

On March 15, 1999, Genin pled guilty to Driving With an Alcohol Concentration of Over .10, Second in Five Years, an offense not designated under the forfeiture statute, and the state dismissed the remainder of the charges against him. On March 24, 1999, the City of Centerville, notwithstanding the fact that the only count charging an offense designated under the forfeiture statute had been dismissed, filed a forfeiture complaint against Genin pursuant to Minn.Stat. § 169.1217, subd. 8 (1998), which provides for a judicial forfeiture procedure.

As a consequence of the city’s filing a forfeiture complaint against Genin, he received another judicial forfeiture determination. On July 14, 1999, because Genin was not convicted of a designated offense, the district court dismissed the city’s forfeiture complaint and ordered that Genin’s vehicle be returned to him. The court order did not mention storage fees. Genin attempted to retrieve his vehicle and was informed by the storage facility that until he paid $5,500 in accumulated storage fees, he could not have the vehicle. Genin, who asserts that the fees total more than the value of his vehicle, did not pay the fees or retrieve the vehicle.

On August 12, 1999, Genin appeared before the district court requesting that the city be held responsible for the storage fees. He raised three arguments in support of his request. First, Genin argued that pursuant to Minn.Stat. § 169.1217, subd. 3 (1998), the city had “[a]ll right, title, and interest” in the vehicle from the moment of seizure and, as result, the city was responsible for the fees. Second, he argued that to hold him responsible for storage fees that total more than the value of his vehicle leads to an absurd result, and when interpreting statutes courts must presume the legislature did not intend an absurd result. Third, Genin asserted that the legislature intended, as evidenced by section 169.1217, subd.'7a(g) (1998), to “make a party whole after they prevail in a forfeiture action.”

The district court held that, under section 169.1217, Genin was responsible for the storage fees. The court of appeals affirmed the district court’s decision and agreed with the district court’s analysis in all respects. Genin v.1996 Mercury Marquis, VIN # 2MEBP95F9CX644211, License No. MN 225 NSG, 609 N.W.2d 266, 267, 269-70 (Minn.App.2000). Genin then appealed to this court.

The question presented by this appeal, who is responsible for storage fees under Minn.Stat. § 169.1217 when the district court dismisses a forfeiture complaint and orders a vehicle to be returned to its owner, is one of statutory construction. Our review, therefore, is de novo. State v. Loge, 608 N.W.2d 152, 155 (Minn.2000). The goal of statutory construction is to ascertain and effectuate the legislature’s intent. Id. The rules of construction forbid adding words or meaning to a statute that were intentionally or inadvertently left out. Phelps v. Commonwealth Land Title Ins. Co., 537 N.W.2d 271, 274 (Minn.1995). When a question of statutory construction involves a failure of expression rather than an ambiguity of expression, “courts are not free to substitute amendment for construction and thereby supply the omissions of the legislature.” State v. Moseng, 254 Minn. 263, 269, 95 N.W.2d 6, 11-12 (1959).

We begin our analysis by reviewing the content and framework of Minn.Stat. § 169.1217. Under that statute, a motor vehicle is subject to forfeiture if it is used in the commission of certain designated offenses, or is used in conduct resulting in a designated license revocation. Minn. Stat. § 169.1217, subd. 6. The police may seize a vehicle incident to lawful arrest for such an offense. Id. subd. 2(1) (1998). “[U]pon commission of the conduct resulting in the designated offense or designated license revocation,” the appropriate municipality or arresting agency immediately obtains “[a]ll right, title, and interest in a vehicle subject to forfeiture.” Id. subd. 3.

Minnesota Statutes § 169.1217, subd. 7a (1998), pursuant to which Genin’s vehicle was initially seized, provides a procedure for administrative forfeiture. Under that subdivision, police may seize a vehicle immediately upon arrest for a designated offense and must then provide the vehicle owner with a detailed notice explaining that they intend to seek forfeiture of the vehicle. Id. subds. 7a(b)-(c) (1998); see id. subd. 2 (1998). The owner may file a demand for a judicial forfeiture determination within 30 days following service of the forfeiture notice. Id. subd. 7a(d) (1998). The statute also contains a provision permitting a judicial forfeiture procedure. Id. subd. 8. In that case, a separate complaint must be filed against the vehicle. Id. subd. 8(b) (1998).

A vehicle owner may seek possession of the vehicle before the forfeiture proceeding by giving security or posting a bond payable to the appropriate agency. Id. subd. 4 (1998). If returned before the forfeiture proceeding, the vehicle is to be equipped with a disabling device. Id. In order to regain possession of the vehicle, the owner must put up security or post a bond equal to the retail value of the vehicle. Id. However, the appropriate agency has discretion to return or withhold the vehicle. Id. The statute provides no guidance to the agency about when to exercise its discretion to return the vehicle. Id. Similarly, if the agency retains the vehicle, it has unrestricted discretion about where to store the vehicle. See id. subds. 3 and 3(2) (1998) (“When a vehicle is so seized, the appropriate agency may * ⅜ * remove the vehicle to a place designated by it* * *.”).

If, during a forfeiture proceeding, the district court determines that forfeiture is not permitted, the statute requires that the court order the vehicle returned to its owner. See id. subds. 7a(g) and 8(b). The statute is silent as to who bears responsibility for any accrued storage fees when the owner prevails at a forfeiture proceeding. The statute does, however, address payment of storage fees when the owner does not prevail and the vehicle is sold. The proceeds of a forfeiture sale must go to, among other things, payment of storage expenses. Id. subd. 9 (1998).

In contrast to section 169.1217, another DWI-related statute does address the responsibility for storage fees. Under Minn.Stat. § 169.1216 (1998), the police may impound a vehicle that they have seized following the arrest of a driver for driving under the influence of alcohol or some other designated substance. When a vehicle is impounded pursuant to section 169.1216, no “law enforcement agency, local unit of government, or state agency is responsible or financially liable for any storage fees incurred.” Id. § 169.1216, subd. 4 (1998). In Genin’s case, the police seized his vehicle pursuant to section 169.1217, the forfeiture statute, and section 169.1216 was never triggered.

The legislature enacted Minn. Stat. § 169.1216 at the same time that it enacted section 169.1217, and both provisions derived from the same bill. See Act of Apr. 29, 1992, ch. 570, §§ 14 and 15, 1992 Minn. Laws 1944, 1952. That section 169.1216 contains this storage fee provision demonstrates that the legislature contemplated the issue of storage fees when it drafted these two statutes, but affirmatively chose not to include a parallel provision in section 169.1217. This indicates that in section 169.1217 the legislature did not intend, as it did in section 169.1216, to protect the police or appropriate municipality from financial responsibility in connection with storage fees. See 2A Norman J. Singer, Sutherland Statutory Construction: Statutes and Statutory Construction § 46.07 (6th ed. 2000) (“Where one section of a statute contains a particular provision, omission of the same provision from a similar section is significant to show different legislative intent for the two seetion[s].”).

Both lower courts acknowledged that section 169.1217 contains no express language addressing responsibility for storage fees when the district court orders a seized vehicle returned to the owner, but both courts found the bonding provision dispositive of the issue. The district court and court of appeals noted that subdivision 4, the bonding provision, effectively permits an owner to avoid storage fees altogether. Section 169.1217, subd. 4 states in pertinent part:

If the owner of a vehicle that has been seized under this section seeks possession of the vehicle before the forfeiture action is determined, the owner may, subject to the approval of the appropriate agency, give security or post bond payable to the appropriate agency in an amount equal to the retail value of the seized vehicle. On posting the security or bond, the seized vehicle may be returned to the owner only if a disabling device is attached to the vehicle.

The court of appeals concluded that “the bonding provision, although not specifically addressing storage fees, provides an avenue for one in [Genin’s] position to regain possession of the vehicle while the forfeiture action is pending.” Genin, 609 N.W.2d at 269. Had Genin initiated the bonding procedure, the court reasoned, he could have avoided the accrual of storage fees. Id. “We conclude that the legislature contemplated the situation faced by appellant while he awaited final determination of the forfeiture action. [Genin’s] failure to proceed under the bonding provision does not shift to the city the responsibility to pay the storage fees.” Id. Similarly, the district court stated that the bonding provision “placets] the responsibility for the storage fees squarely on the vehicle owner’s, rather than the appropriate agency’s, shoulders.” We disagree with the lower courts and hold that the City of Centerville, not Genin, is responsible for the storage fees.

The bonding provision contains no express language addressing storage fees and we do not find the city’s suggestion that there is a connection between the bonding provision and responsibility for storage fees to be compelling. Unlike the city, we see no logical or necessary connection between the bonding provision and storage fees. The bonding provision serves purposes unrelated to storage fees and for this reason we cannot rely on this provision alone in resolving Genin’s question. The city’s and the lower courts’ interpretation imposes into the bonding provision a meaning that is unrelated to the provision and not clearly intended by the legislature. For us to interpret the provision as they did would be to add words to the statute, and the rules governing statutory construction forbid that. See Phelps, 537 N.W.2d at 274. We will not encroach upon the legislature’s domain by adopting the city’s proposed construction.

We agree with Genin that although section 169.1217 does not address storage fees, by giving the appropriate agency the right, title, and interest in a seized vehicle, the statute makes the agency responsible for the vehicle during seizure. In addition, the appropriate agency has discretion not only in whether to allow an owner to bond the vehicle, but also in where to store the vehicle during seizure. See Minn.Stat. § 169.1217, subds. 3(l)-(4) and 4. That discretion further reinforces the view that the appropriate agency bears primary responsibility for a seized vehicle. Because the agency is responsible for arid exercises unfettered control over the vehicle during seizure, requiring it to pay storage, fees that accrue during that time is consistent with the statutory scheme.

Both lower courts assumed that Genin could have avoided storage fees by initiating the bonding procedure. The courts imply that requiring the city to pay the storage fees is unfair because Genin, and Genin alone, could have avoided the fees by using the bonding provision. See, e.g., Genin, 609 N.W.2d at 270 (“It is unfortunate that [Genin’s] inaction resulted in storage fees that exceeded the value of his vehicle. Again, however, the statute details a procedure to avoid such costs.”). However, the bonding provision provides the police with discretion unfettered by statutory guidance as to whether they should keep or return a vehicle pending a judicial determination on forfeiture. Thus, it is not clear that Genin could have avoided the storage fees. It is even less clear that the legislature intended this provision to shift the burden of storage fees from the appropriate agency to a vehicle owner; no express language reflects such an intent.

For all these reasons, we conclude that storage fees that accrue during the pen-dency of seizure under section 169.1217 are the responsibility of the appropriate agency when the court ultimately dismisses the forfeiture complaint. Therefore, we hold that the City of Centerville, not Ge-nin, is responsible for the storage fees.

Reversed.

      . Minnesota Statutes § 169.1217 (1998) has been repealed. Act of May 15, 2000, ch. 478, art. 2, § 8, 2000 Minn. Laws 1537, recodified and amended at Minn.Stat. § 169A.63 (2000).

      . In 1997 the legislature created a category of crimes called enhanced gross misdemeanors. After Genin's arrest, this court ruled that such enhanced gross misdemeanors are unconstitutional because they allowed for convictions carrying a two-year sentence without providing access to a twelve-person jury, a constitutional right in Minnesota. See Baker v. State, 590 N.W.2d 636, 639-40 (Minn.1999).

      . Minnesota Statutes § 169.1217, subd. 6 states: “A motor vehicle is subject to forfeiture under this section if it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation.”

      . Minnesota Statutes § 169.1217, subds. 2 and 2(1) (1998) state: “A motor vehicle subject to forfeiture under this section may be seized by the appropriate agency upon process issued by any court having jurisdiction over the vehicle. Property may be seized without. process if ⅜ * * the seizure is incident to a lawful arrest or a lawful search.”

      .Section 169.1217, subd. 1(e) (1998) explains that the statute uses the term "owner” to refer to the registered owner of the motor vehicle according to the records of the Department of Public Safety; it uses the term "appropriate agency” to refer to a law enforcement agency. Id. subd. 1(a) (1998). For ease of reference, we will use the term "owner” to designate the registered vehicle owner from whom the vehicle has been seized.

      . Subdivision 9 stales that a forfeited vehicle may either be sold by the appropriate agency, or may be kept for official use. Minn.Stat. § 169.1217, subds. 9(l)-(2) (1998). The statute addresses responsibility for storage fees only in the event that the vehicle is sold.

      . We recognize that impounding a vehicle and forfeiting a vehicle accomplish different public policy goals. With a section 169.1216 impoundment, there is probable cause to believe the driver is under the influence of alcohol and unsafe to drive. Therefore, impoundment addresses public safety concerns that are not only serious but immediate. Forfeiture under section 169.1217 requires process issued by a court. Successful forfeiture depends upon conviction of a designated offense (or designated license revocation or failure to appear). It penalizes the convicted person in addition to removing a vehicle from the owner. Because not all charges lead to conviction, a forfeiture proceeding contains a level of uncertainty not presenl with impoundment. In addition, the forfeiture process customarily will involve longer periods of vehicle storage.

      . Minnesota Statutes § 169.1217, subd. 3 states in relevant part:
      All right, title, and interest in a vehicle subject to forfeiture under this section vests in the appropriate agency upon commission of the conduct resulting in the designated offense of designated license revocation giving rise to the forfeiture. Any vehicle seized under this section is not subject to replevin, but is deemed to be in the custody of the appropriate agency subject to the orders and decrees of the court having jurisdiction over the forfeiture proceedings.


author: James H. Gilbert Associate Justice

text:
    Jeffrey E. THOMAS, Respondent, v. CARPET DESIGN CENTER, and General Casualty Insurance Co., Relators.
    No. C5-00-1987.
    Supreme Court of Minnesota.
    Feb. 14, 2001.
    Kurtis A. Greenley, Lindquist & Ven-num, P.L.L.P., Minneapolis, for petitioner-respondent.
    Jeffrey J. Lindquist, Pustorino, Tilton & Parrington, P.A., Minneapolis, for relator.
   ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the decision of the Workers’ Compensation Court of Appeals filed October 16, 2000, be, and the same is, affirmed without opinion. See Minn.R.Civ.App.P. 136.01, subd. 1(b).

Employee is awarded $600 in attorney fees.

BY THE COURT

James H. Gilbert Associate Justice


author: Edward C. Stringer Associate Justice

text:
    Dennis OIHUS, Respondent, v. ROADWAY EXPRESS, Self-Insured, Relator, Gallagher Bassett Services, Third-Party Administrator.
    No. C7-00-1957.
    Supreme Court of Minnesota.
    Feb. 15, 2001.
   ORDER

Based upon all the files, records and proceedings herein,

■ IT IS HEREBY ORDERED that the decision of the Workers’ Compensation Court of Appeals filed October 13, 2000, be, and the same is, affirmed without opinion. See Minn. R. Civ.App. P. 136.01, subd. 1(b).

Employee is awarded $600 in attorney fees.

BY THE COURT

Edward C. Stringer Associate Justice


author: SHUMAKER, Judge

text:
    David ABRAHAM, et al., Appellants, v. COUNTY OF HENNEPIN, Respondent.
    Nos. CX-00-835, C7-00-1652.
    Court of Appeals of Minnesota.
    Jan. 9, 2001.
    Review Granted March 13, 2001.

      Leslie L. Lienemann, Bloomington, MN, (for appellants).
    Amy Klobuchar, Hennepin County Attorney, Martin D. Munic, Assistant County Attorney, Minneapolis, MN, (for respondent).
    Considered and decided by WILLIS, Presiding Judge, SHUMAKER, Judge, and MULALLY, Judge.

       Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const, art VI, § 10.

   OPINION

SHUMAKER, Judge

Appellants sued their employer, respondent Hennepin County, for money damages under the reprisal and retaliation claim provisions of Minnesota’s “Whistle-blower Act” and Occupational Safety and Health Act. Ruling that the occupational safety and health act provided the exclusive remedy, the district court dismissed the whistleblower claim. The district court denied appellants’ motions for a jury trial and for an amended order that would permit an interlocutory appeal. Appellants contend that these rulings were error. Appellants also challenge the district court’s findings of fact as being clearly erroneous and contend that the court abused its discretion in awarding respondent the cost incurred in obtaining the trial transcript. We affirm in part, reverse in part, and remand.

FACTS

Appellants Scott Lennander and David Abraham worked in respondent Hennepin County’s print shop. In February 1995, Lennander and Abraham complained to their supervisor, Theresa Schaffer, about the air quality in the shop. They claimed that the poor air quality caused them to have headaches, nausea, and difficulty breathing. A property management worker told Schaffer, Lennander, and Abraham that the shop ventilation system had been closed periodically for asbestos abatement work.

In March 1995, Abraham reported the closed ventilation system and the employee illnesses to Minnesota OSHA (MOSHA). On March 22, 1995, a MOSHA inspector made an unannounced inspection of the shop. Appellants’ co-worker, Michael Fishman, claims that he saw Lennander sprinHe chemicals on the print shop carpeting during the inspector’s visit. After Fishman asked what he was doing, Len-nander eventually stopped. Later, Fish-man saw Abraham wave a spray can in the air and heard him say, “Let’s get some fumes going in here.”

Fishman reported his observations to other workers, and eventually Schaffer asked Fishman about the reports. Fish-man told Schaffer what he had seen and heard.

Five days after the inspection, the county suspended Lennander and Abraham. Four days later the county notified them that their employment would be terminated on April 7, 1995, because they attempted to skew the MOSHA inspection results. Lennander and Abraham sued the county, alleging that their discharges violated the anti-reprisal provisions in MOSHA, Minn.Stat. § 182.669 (1996), the Whistle-blower Act, Minn.Stat. § 181.932 (1996), and the Minnesota Human Rights Act, Minn.Stat. § 363.03, subd. 7 (1996). They also alleged defamation. The district court granted summary judgment dismissing all claims. Lennander and Abraham appealed only as to the MOSHA and whis-tleblower claims, and we remanded. See 1998 WL 202771.

On remand, the district court dismissed the whistleblower claim, ruling that MO-SHA provided the exclusive remedy for alleged reprisals. The court denied appellants’ motion for a jury trial and conducted a bench trial of the MOSHA action. The court denied appellants’ motion to amend its order so as to allow an interlocutory appeal and, after a two-week trial, the court found that the county had not violated the MOSHA anti-reprisal law.

At the end of the trial, the court requested written final arguments. To prepare its argument, the county obtained the trial transcript. As part of the county’s taxable costs, the court allowed the expense of the trial transcript. Lennander and Abraham appealed.

ISSUES

1. Are appellants entitled to a jury trial for either their claim under the Whistle-blower Act or under MOSHA where their request for relief is limited to money damages?

2. May appellants assert, for the same conduct, a whistleblower retaliation cause of action under Minn.Stat. § 181.932 (1996), in addition to a claim of MOSHA reprisal under Minn.Stat. § 182.669 (1996)?

3. May the district court’s dismissal of appellants’ whistleblower retaliation claim be affirmed on alternative grounds?

4. Did the district court err in denying appellants’ request for an amended order permitting appeal prior to trial?

5. Are the district court’s findings of facts clearly erroneous, as unsupported by the record?

6. Did the district court err in awarding respondent the cost of the trial transcript for use in closing submissions as part of its costs and disbursements pursuant to Minn.Stat. § 549.04 (2000)?

ANALYSIS

I.

Citing the Minnesota Constitution, a rule of civil procedure, and various Minnesota appellate decisions as their authorities, appellants contend that they are entitled to a jury trial on their whistle-blower and MOSHA reprisal claims. Constitutional and statutory interpretations are questions of law for the court and are subject to de novo review. See Hibbing Educ. Ass’n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985) (statutory construction is a legal question subject to de novo review); State ex rel. Mathews v. Houndersheldt, 151 Minn. 167, 170, 186 N.W. 234, 236 (1922) (rules of statutory construction apply when construing a constitutional provision).

The right to a jury trial in civil actions in Minnesota is based in the state constitution: “The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy.” Minn. Const, art I, § 4.

A more particular statement of the right to a jury trial is found in the rules of civil procedure:

In actions for the recovery of money only, or of specific real or personal property, the issues of fact shall be tried by a jury, unless a jury trial is waived or a reference is ordered.

Minn. R. Civ. P. 38.01.

Appellants argue that their cases are “cases at law” for the recovery of money only, and thus qualify for jury trial. Appellants also point out that a denial of the right to a jury trial is reversible error. See Olson v. Aretz, 346 N.W.2d 178, 182 (Minn.App.1984) (holding that where a party has a constitutional right to a jury trial, the denial of that right is reversible error).

The scope of the constitutional guarantee of a jury trial in state civil actions is ascertainable from caselaw, which distinguishes (1) actions at law from causes in equity, and (2) actions existing at the adoption of the constitution from actions created later:

The term “all cases at law” refers to common-law actions as distinguished from causes in equity and certain other proceedings. Art. 1, § 4, preserves unimpaired the right of jury trial as it existed by the laws of the territory at the time our state constitution was adopted ⅜ ⅞ *.

Breimhorst v. Beckman, 227 Minn. 409, 433, 35 N.W.2d 719, 734 (1949).

If the legislature creates a new action at law, the granting or withholding of a jury trial is a legislative prerogative:

[Wjhere new rights and remedies are created which were unknown at common law, the giving or withholding of a jury trial is a legislative privilege.

Id. at 434, 35 N.W.2d at 734 (citations omitted).

When a newly created action at law is a fundamentally different substitution for a previously existing common-law action for which a jury trial was available, the legislature still enjoys the privilege of granting or withholding the right of jury trial. Id. So, in Breimhorst, the supreme court held that a workers’ compensation claim for money damages for personal injury did not carry a right to jury trial because, in creating such a claim, the legislature did not grant that right, even though the right existed in the preexisting common-law action for money damages. Id.

Throughout the years since Breimhorst, our courts have often considered the issue of when litigants are entitled to jury trials. For example, in Rognrud v. Zubert, 282 Minn. 430, 165 N.W.2d 244 (Minn.1969), the supreme court held that there is no right to a jury trial in an action for specific performance of a contract to convey real estate because historically such an action was equitable rather than legal. Id. at 434, 165 N.W.2d at 247. The appellants in Ewert v. City of Winthrop, 278 N.W.2d 545, 550 (Minn.1979), contended that they were entitled to a jury trial in the appeal of a municipal special assessment to the district court. The supreme court held that the right to appeal a special assessment was statutory and did not exist at common law, and that the legislature, in-creating the right, did not allow a jury trial. Id. at 550-51.

The court of appeals in Olson, 346 N.W.2d at 181, held that a claim for the recovery of money alleging lawyer negligence carries a right to a jury trial. Although the court gave as the reason for its decision the principle that if a “claim is for the recovery of money, the Minnesota Constitution assures a right to a jury trial,” that statement, if read outside the context of the case, does not accurately describe the constitutional right to a jury trial. Id. at 181. As discussed above, the claim must be an action at law and must have existed when the state constitution was adopted. The mere fact that a claim is solely for the recovery of money will not suffice. If that were the case, workers’ compensation claims and human rights act claims, being actions for the recovery of money, would carry a constitutional entitlement to jury trial. But because these actions did not exist when the constitution was adopted, they do not carry jury trial rights.

Finally, in Tyroll v. Private Label Chems., Inc., 505 N.W.2d 54, 56-57 (Minn.1993), the supreme court considered the right of jury trial in a subrogation action brought by a workers’ compensation insurer after the injured employee entered a Naig settlement. The court reiterated the Breimhorst declaration:

Generally speaking, our state constitution guarantees a jury trial for causes of action recognized as common law actions when our constitution was adopted.

Id. at 57. The court said that the action in question was a routine negligence personal injury claim raising common-law issues triable by a jury. Id.

Although the reprisal claims allowed under the Whistleblower Act and MOSHA can be claims for the recovery of money, such claims did not exist as part of the common law when the state constitution was adopted. And the legislature, in enacting those laws, did not provide that the claims are triable to a jury. Because we cannot find a jury trial right in the constitution or the statutes for reprisal claims under either the Whistleblower Act or MOSHA, we conclude that such claims are not triable to the jury. The district court did not err in denying appellants’ motion for a jury trial in the MOSHA action.

Appellants argue that some whis-tleblower and MOSHA cases have been tried to juries and, on review, appellate courts have not declared jury trials unavailable for such actions. We are not persuaded by this argument. We know of no rule that prohibits jury trials for whis-tleblower or MOSHA claims if the litigants and trial courts agree. Furthermore, with one exception, no one appears to have raised the issue for appellate review in these cases. As a general rule, appellate courts do not determine issues that have not been raised on appeal. State v. Hannuksela, 452 N.W.2d 668, 673-74 n. 7 (Minn.1990) (stating that appellate courts can address issues not raised on appeal when reasoning relied upon by court is neither novel nor questionable).

The exception is Williams v. St. Paul Med. Ctr., Inc., 530 N.W.2d 852, 856-57 (Minn.App.1995), reversed on other grounds, 551 N.W.2d 483 (Minn.1996). The court of appeals concluded that there is a jury trial right in whistleblower actions, suggesting that the Whistleblower Act codified the common law and that Minn. R. Civ. P. 38.01 provides for jury trials in actions for the recovery of money. Id. at 856-57. The supreme court reversed on other grounds, and did not discuss the holding on the jury trial issue. Appellants’ reliance on this court’s holding in Williams is misplaced. Because the supreme court reversed the decision, Williams is not good authority. Having reversed this court, the supreme court was not required to address other issues on which reversal may have been sought. We cannot, therefore, conclude that there occurred a sub silentio affirmance of this court’s holding on the availability of a jury trial.

Further, this court’s holding in Williams is incorrect. The bases for the holding were rule 38.01, addressed above, and Phipps v. Clark Oil & Refining Corp., 408 N.W.2d 569 (Minn.1987). In Phipps, a gasoline service station employee was fired allegedly because he refused to violate federal law by dispensing leaded gasoline into a customer’s car at the customer’s request. Id. at 570. The issue on appeal relevant here was whether an at-will employee would have a claim for wrongful discharge if he was terminated because he refused to violate the law. Id. at 571.

The discharged employee argued that his termination violated the public policy of the federal Clean Air Act. The supreme court agreed, saying:

The Clean Air Act [reflects] a clearly mandated public policy ⅜ * ⅜ and we hold that an employee may bring an action for wrongful discharge if that employee is discharged for refusing to participate in an activity that the employee, in good faith, believes violates any state or federal law or rule or regulation adopted pursuant to law.

Id.

The supreme court also noted that the federal law protects the “whistleblower,” and that “other courts have held that their common law also protects those fired for their refusal to violate the law.” Id. (citations omitted). After citing, without discussion, cases from other jurisdictions, our supreme court simply said, ‘We agree.” Id.

It is unlikely that the supreme court intended the words “we agree” to signify a recognition that a cause of action for wrongful discharge already existed as a part of our common law. Between the oral arguments and the decision in Phipps, the legislature enacted the Whistleblower Act. The supreme court, thus, needed only to decide the issue as to appellant Phipps, and it said:

Therefore, we no longer have before us the policy question of whether or not Minnesota should join the three-fifths of the states that now recognize, to some extent, a cause of action for wrongful discharge.

Id.

If a claim for wrongful discharge already existed as part of Minnesota’s common law, there would have been no reason for the supreme court to suggest that the state might join other jurisdictions that recognized such a cause of action. Furthermore, neither the Phipps court, the Williams court, nor the appellants pointed to any authority suggesting that an action for wrongful discharge existed in our common law when the state constitution was adopted.

II.

Relying on the supreme court decision in Williams, 551 N.W.2d 483, the district court ruled that MOSHA provided the exclusive remedy for any alleged reprisal and the court dismissed the whistle-blower claim.

In Williams, the plaintiff joined reprisal and retaliation claims under the Whistle-blower Act and the Minnesota Human Rights Act. Id. at 484. The supreme court held that the exclusivity provision of the human rights act controlled and prohibited a concurrent whistleblower action on the same facts. Id. at 485-86; see also Minn.. Stat. § 363.11 (1996) (“as to acts declared unfair by section 363.03, the procedure herein provided shall, while pending, be exclusive”). In dictum, the supreme court also said that the legislature could not have intended to allow concurrent actions alleging identical facts and seeking the same remedy. Id. at 485.

Ordinarily, unless a statute provides that its remedy is exclusive, it is not so. See State, by Humphrey v. Baillon Co., 503 N.W.2d 799, 802 (Minn.App.1993). Neither MOSHA nor the Whistleblower Act contains an exclusivity clause. Thus, unlike Williams, there is no prohibition here against a party maintaining concurrent causes of action. However, there cannot be a duplicative recovery. Wirig v. Kinney Shoe Corp., 461 N.W.2d 374, 379 (Minn.1990). The district court erred in dismissing appellants’ whistleblower action, and that matter must be remanded for further appropriate proceedings.

III.

Respondent argues that even if we find that the district court erred in dismissing the whistleblower action, we can nevertheless affirm on alternative grounds, namely, (1) that there was no element of public concern in appellants’ complaint about the air quality, and (2) appellants failed to identify a statute that the county allegedly violated. This court “may affirm a summary judgment if there are no genuine issues of material fact” and the district court’s decision “is correct on other grounds.” Northway v. Whiting, 436 N.W.2d 796, 798 (Minn.App.1989).

The Whistleblower Act provides a cause of action for an employee who makes a good-faith allegation of a violation or suspected violation of law and who is disciplined or discharged because of the allegation. Minn.Stat. § 181.932, subd. 1(a) (2000). The employee need not prove an actual violation of the law, but the reported conduct must at least implicate a violation of the law. Obst v. Microtron, Inc., 614 N.W.2d 196, 200 (Minn.2000). Furthermore, the act covers the employee who “blows the whistle” to protect not only himself but the general public or third persons as well. Williams, 551 N.W.2d at 484 n. 1.

Minn.Stat. § 182.653, subd. 2 (2000), requires an employer to furnish a place of employment “free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees.” Appellants reported poor air quality that allegedly caused illness in employees in the print shop. Whether or not appellants made their reports in good faith is a question reserved for the trier of fact. But appellants’ conduct prima facie was protectable under the Whistleblower Act. We therefore reject respondent’s alternative arguments for affirmance.

IV.

Appellants argue that the district court erred in refusing to amend its order for partial summary judgment to allow for an interlocutory appeal. This court will “hear only live controversies and will not pass on the merits of a particular question merely for the purpose of setting precedent.” In re Inspection of Minn. Auto Specialties, Inc., 346 N.W.2d 657, 658 (Minn.1984). If the court' “is unable to grant effectual relief,” the issue will be deemed moot. In re Schmidt, 443 N.W.2d 824, 826 (Minn.1989). We have heard and determined the full appeal. Even if we were to find that the district court erred in refusing to amend its order, there is no remedy available at this point. Thus, we decline to rule on the merits of this issue.

V.

Appellants challenge the district court’s factual findings from the bench trial on the MOSHA claim. On appeal, a trial court’s findings of fact are given great deference, and shall not be set aside unless clearly erroneous. Minn. R. Civ. P. 52.01. “It is not the province of this court to reconcile conflicting evidence.” Fletcher v. St. Paul Pioneer Press, 589 N.W.2d 96, 101 (Minn.1999). Findings of fact are clearly erroneous only if the reviewing court is “left with the definite and firm conviction that a mistake has been made.” Gjovik v. Sirope, 401 N.W.2d 664, 667 (Minn.1987) (citation omitted). If there is reasonable evidence to support the trial court’s findings of fact, a reviewing court will not disturb those findings. State v. Danh, 516 .N.W.2d 539, 544 (Minn.1994).

The district court’s factual findings are not clearly erroneous. The factual findings were largely based on the court’s assessment of the credibility of the witnesses. See State v. Dickerson, 481 N.W.2d 840, 843 (Minn.1992) (appellate court shows great deference to a fact-finder’s determinations of credibility), aff'd ., 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993); General v. General, 409 N.W.2d 511, 513 (Minn.App.1987) (this court defers to district court’s assessment of credibility and weight given to testimony). The evidence the court found.credible reasonably supports the court’s findings.

VI.

Appellants challenge the district court’s order that appellants pay for respondent’s costs from obtaining a trial transcript.

In every action in a district court, the prevailing party * * * shall be allowed * * * reasonable disbursements paid or incurred.

MinmStat. § 549.04 (2000).

When reviewing a prevailing party’s request for costs and disbursements, “the district court must make sufficient findings of reasonable and necessary costs and disbursements.” Beniek v. Textron, Inc., 479 N.W.2d 719, 724 (Minn.App.1992), review denied (Minn. Feb. 19, 27, 1992). This court may overturn a district court’s award for costs and disbursements when the award is an abuse of discretion. Striebel v. Minnesota State High Sch. League, 321 N.W.2d 400, 403 (Minn.1982). The district court’s discretion is addressed with respect to the reasonableness of the disbursements paid or incurred. Jonsson v. Ames Constr., Inc., 409 N.W.2d 560, 563 (Minn.App.1987), review denied (Minn. Sept. 30, 1987).

Here, the district court made specific findings that the transcript fees were part of the litigation costs, because the court required the parties to prepare findings of fact and conclusions of law. The court did not abuse its discretion in finding that the transcript fees were reasonable and, therefore, taxable costs.

DECISION

Appellants are not entitled to a jury trial for either their claim under the Whistle-blower Act or their claim.under MOSHA.

The district court erroneously dismissed appellants’ claim for whistleblower retaliation on the basis that a party cannot assert, for the same conduct, whistleblower retaliation in addition to MOSHA reprisal. The district court’s dismissal cannot be affirmed on alternative grounds.

We decline to determine whether the district court erred in denying appellants’ request for an amended order permitting appeal prior to trial, as the issue is moot.

The district court’s factual findings are not clearly erroneous.

The district court did not err in awarding respondent the cost of the trial transcript for use in closing submissions.

Affirmed in part, reversed in part, and remanded.

      . Respondent asserted in its brief that even if the trial court erred in dismissing appellants' whistleblower claim, appellants are now collaterally estopped from litigating this claim, because the elements necessary to establish a whistleblower violation were litigated and finally determined at the bench trial on the MOSHA claims. We recognize that there may be a collateral estoppel issue here. However, because the issue was not fully briefed or argued by either party, we decline to reach it. Dep’t of Labor & Indus. v. Wintz Parcel Drivers, Inc., 558 N.W.2d 480, 480 (Minn.1997) (declining to reach issue in absence of adequate briefing); Ganguli v. University of Minnesota, 512 N.W.2d 918, 919 n. 1 (Minn.App.1994) (declining to address allegations unsupported by legal analysis or citation). Rather, we leave open the issue for the district court's determination.