Developer who put up 'XXX' sign in Wayzata loses lawsuit against city

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A Twin Cities property developer's legal battle with the city of Wayzata – which reached comic proportions this year with a highly conspicuous triple-X sign – is apparently over.

Putting an end to a lawsuit between the two parties, a Hennepin County District Court judge has ruled that city officials "acted in good faith and with the broad discretion accorded them by statute" when they denied Brad Hoyt's proposal to build a five-story apartment building last December, the Star Tribune reports.

Hoyt, CEO of Continental Property Group, had proposed to tear down a couple of old buildings he owns on Lake Street (a busy Wayzata thoroughfare), but the bid was denied due to zoning regulations that allow buildings no taller than three stories in the area.

In an apparent form of protest, the frustrated businessman painted one of the old buildings hot pink, and put up an 'XXX' sign that seemingly advertised an adult shop. The sign eventually came down.

One of Hoyt's contentions, according to the Minneapolis / St. Paul Business Journal, was that city leaders were looking to preserve a "small-town feel that doesn't exist anymore in downtown."

He also complained that the five-story height of the recently built Promenade of Wayzata – a retail and residential complex also on Lake Street – was seemingly at odds with the same city codes that made his proposal unviable, according to the Lakeshore Weekly News.

The city countered that since that property was sitting on a bigger piece of land, the height of the project was "negotiable," the publication says.

Though his lawsuit over Wayzata's rejection ended with a ruling in favor of the city, Hoyt's attorney tells the Star Tribune they're "still deciding" whether to appeal the case.

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