Crow Wing District Court Judge Kristine DeMay determined Friday, Sept. 2, that immediate enforcement of the ordinances could hurt Manhattan Beach Lodge, including potential cancelation of last weekend's music event and an attempt by the city to revoke its liquor license.

The harm that the lodge may have suffered exceeded the harm the city would suffer if enforcement of the ordinances was enjoined, DeMay ruled.

"The public interest requires that municipal zoning ordinances be adopted in accordance with Minnesota law and that municipalities do not discuss or adopt such ordinances in violation of the Minnesota Open Meeting Law," she ruled.

"Whitefish Properties has raised legitimate questions about the procedures followed by the city of Manhattan Beach in this case, and the public interest factor therefore weighs in favor of granting a temporary injunction," DeMay ruled.

On Aug. 23, the Manhattan Beach City Council held a public hearing on three noise-related ordinances. The council then passed all three: an ordinance regulating special outdoor events; an ordinance amendment regulating noise and adopting state noise standards; and an ordinance amendment providing for penalties and assessment of fees and costs for enforcement.

The ordinance amendments were published Aug. 30, and, thus, became effective on that date.

Manhattan Beach Lodge operators contend that the council failed to refer the ordinance changes to the planning commission first, as dictated by state law.

The lodge operators also allege that the Manhattan Beach City Council violated the state's open meeting law on Aug. 2, when the council closed a meeting to the public to discuss noise issues related to Manhattan Beach Lodge.

The lawsuit sought temporary and permanent relief from the new ordinances on the grounds that they are unlawful and were unlawfully adopted

Manhattan Beach Lodge had previously scheduled outdoor live entertainment for Labor Day weekend, Sept. 2-5, which it had advertised and promoted.

Operators said they had made a substantial financial investment for the weekend including non-refundable bookings of $21,000, staffing, advertising, food, beverages, staging, room reservations and management.

Potential revenue to be lost was estimated at $97,820.

The lodge also has made reservations and bookings for weddings and special events throughout the next year that would require liquor sales.

The lodge operators contended the city's new ordinances relating to noise gave the city a mechanism for revocation of the lodge's liquor license.

Whitefish Properties Management leases, operates and manages Manhattan Beach Lodge.