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ALMQUIST v. TOWN OF MARSHAN

No. 44599.

245 N.W.2d 819 (1976)

Earle ALMQUIST, Respondent, v. TOWN OF MARSHAN, Appellant.

Supreme Court of Minnesota.

April 2, 1976.

Attorney(s) appearing for the Case

Dorsey, Marquart, Windhorst, West & Halladay and Edward J. Schwartzbauer and Robert L. Hobbins, Minneapolis, Harry P. Schoen, Hastings, for appellant.

Crawford, Anderson & O'Connor, W. St. Paul, Broeker, Bachman & Zerby and Steven R. Hedges, Minneapolis, Arata, Misuraca & Clement, Malcom A. Misuraca, Santa Rosa, Cal., Prof. Robert H. Freilich, Kansas City Law School, Kansas City, Mo., for respondent.

Stanley G. Peskar, St. Paul, for League of Minn. Municipalities, amicus curiae, seeking reversal.

Considered and decided by the court en banc.

OTIS, Justice.

This is an action brought by respondent, Earle Almquist, for a declaratory judgment requiring appellant, Town of Marshan, to issue plaintiff a special-use permit authorizing him to develop 26 2½ acre lots for the construction of dwellings on 82½ acres of land owned by him in Marshan Township, Dakota County. The trial court granted plaintiff the relief he sought. We reverse and remand for a new trial on the limited issue of whether the town...

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