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BRAKKE v. BEARDSLEY

No. 48995.

279 N.W.2d 798 (1979)

Ronald BRAKKE, Respondent, v. Mark A. BEARDSLEY, Clay County Codes Administrator and the State of Minnesota, Respondents, Henry Corneliussen, Jr., et al., Intervenors, Appellants.

Supreme Court of Minnesota.

April 20, 1979.

Attorney(s) appearing for the Case

Stefanson, Landberg & Alm and Renee J. Homuth, Moorhead, for appellants.

David A. Overboe, West Fargo, N.D., Rufer, Hefte, Pemberton, Schulze, Sorlie & Sefkow and Gerald S. Rufer, Fergus Falls, for Brakke.

Paul E. Grinnell, County Atty. and Dean Hoistad, Asst. County Atty., Moorhead, Thysell, Gjevre, McLarnan & Hannaher and Paul O. Skatvold, Moorhead, for Beardsley et al.

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

TODD, Justice.

This case is presented in such a peculiar and difficult procedural tangle that a decision on the merits would be inappropriate. We dismiss the appeal on the grounds that the appellants' intervention for the sole purpose of bringing this appeal was untimely.

On June 17, 1977, Ronald Brakke received a building permit to construct a storage facility with grain bins. His plans disclosed a building setback of 47 feet. The Clay County ordinance required...

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