Real Property: Lake Ramp Construction-Post-Construction Approval-ADA Violation

Plaintiffs appealed the adverse summary judgment. Plaintiffs owned a lakefront home and constructed a concrete ramp from their property to the lake’s highwater mark, then sought county approval for the construction. After the county denied a conditional use permit, plaintiffs filed the present action alleging discrimination under the Americans with Disabilities Act. The district court granted summary judgment for the county, ruling that plaintiffs missed their opportunity to request an accommodation by constructing the ramp without approval.

Where plaintiffs knew of the county’s permit approval process yet proceeded with an unlawful construction, only subsequently identifying a disability when seeking a post-construction permit, the district court correctly determined that plaintiffs failed to seek an accommodation at the appropriate time or properly pursue a post-construction permit.

Judgment is affirmed.

Audette v. Lake of the Woods County (MLW No. 85161/Case No. 25-2472 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, District of Minnesota, Provinzino, J. (Gregory Martin Erickson, Minneapolis, MN for appellant; Maxwell D. Becker, Minneapolis, MN on the brief) (Andrew A. Wolf, Bloomington, MN for appellee; Paul Donald Reuvers, Bloomington, MN on the brief)