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BOARD OF SUP'RS v. CARVER CTY. BD. OF COM'RS

No. 44694.

225 N.W.2d 815 (1975)

BOARD OF SUPERVISORS OF BENTON TOWNSHIP, et al., Appellants, v. CARVER COUNTY BOARD OF COMMISSIONERS, Respondent, Carver Creek Country Club, Inc., Respondent.

Supreme Court of Minnesota.

January 17, 1975.

Attorney(s) appearing for the Case

Nicklaus & Leatham and Robert A. Nicklaus and Dwight J. Leatham, Chaska, for appellants.

W. R. Glaeser, County Atty., Scott Ballou, Asst. County Atty., Chaska, for Carver Co. Bd. of Comm.

Wurst, Bundlie, Carroll & Crouch, and Gerald T. Carroll, Jr., Minneapolis, for Carver Creek Country Club, Inc.

Heard before ROGOSHESKE, TODD, and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Appeal from an order of the District Court of Carver County, entered July 25, 1973, denying plaintiffs' motion for a new trial, and from the judgment entered. We affirm.

On June 1, 1971, defendant Carver Creek Country Club, Inc., (hereinafter referred to as Carver Creek) filed an application with the Carver County Office of Planning and Zoning requesting a conditional-use permit for the purpose of constructing a golf

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