The Minnesota Supreme Court reversed the Minnesota Court of Appeals decision regarding the failure of the Cook County Board of Commissioners to make or issue written reasons when it denied a zoning application. The Court of Appeals held failure to issue written findings resulted in a violation of the 60-day rule, triggering the automatic-approval penalty. In its opinion reversing this holding, the Supreme Court determined the plain language of Minn. Stat. § 15.99 does not result in automatic approval for failure to issue written findings. As a result, the Court also overruled Demolition Landfill Services, LLC v. City of Duluth, 609 N.W.2d 278, 281-82 (Minn. App. 2000). Cook County was represented by Paul D. Reuvers and Susan M. Tindal.
Archives for August 2010
Court of Appeals Upholds Todd County Highway Decision
The Minnesota Court of Appeals affirmed the district court’s decision upholding the Todd County Board of Commissioners’ decision to rescind the conditional vacation of County Road 55. The decision was based on changed circumstances due to the inability to re-align Highway 27 because MnDOT required indemnification, public opposition, and mounting legal expenses. Todd County was represented by Paul D. Reuvers and Stephanie A. Angolkar.