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SULLIVAN v. CREDIT RIVER TOWNSHIP

No. 43838.

217 N.W.2d 502 (1974)

Luella K. SULLIVAN, Administratrix of the Estate of Eugene B. Sullivan, Decedent, Respondent, v. CREDIT RIVER TOWNSHIP, et al., Appellants.

Supreme Court of Minnesota.

April 19, 1974.

Attorney(s) appearing for the Case

Grannis & Grannis and Patrick A. Farrell, South St. Paul, for appellants.

Helgesen, Peterson, Engberg & Spector and Robert J. Tennessen, for respondent.

Dorsey, Marquart, Windhorst, West & Halladay and Edward J. Schwartzbauer, Minneapolis, for Harry A. Murphy, Sr., James Moen, and The Concerned Citizens of Credit River, amici curiae.

Heard before KNUTSON, C. J., and ROGOSHESKE, MacLAUGHLIN, and YETKA, JJ., and reconsidered and decided by the court en banc.

MacLAUGHLIN, Justice.

Plaintiff, Eugene B. Sullivan, sought a writ of mandamus to compel the town board of Credit River Township, Scott County, to rescind its action of December 2, 1971, wherein the board revoked its earlier approval of a landfill site proposed by plaintiff. The Scott County District Court issued an alternative writ commanding the township to reinstate its approval or show cause why it did not do so. The matter was tried to the court, and thereafter...

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