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DENNIS FRANDSEN & CO. v. KANABEC COUNTY

No. 51661.

306 N.W.2d 566 (1981)

DENNIS FRANDSEN AND COMPANY, INC., Respondent, v. The COUNTY OF KANABEC, Respondent, Township of Hillman, Minnesota, Appellant.

Supreme Court of Minnesota.

June 12, 1981.

Attorney(s) appearing for the Case

Blomquist & DeWan and Barry L. Blomquist, North Branch, for appellant.

Norman J. Loren, County Atty., Mora, for The County of Kanabec.

Bassford Heckt Lockard & Mullin, Maclay R. Hyde and Charles Lundberg, Minneapolis, for plaintiff-respondent.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

The township appeals from an amended judgment dated June 17, 1980, declaring its permanent zoning ordinance void because its Board of Supervisors exceeded its elective authority in adopting the ordinance. The township did not appeal from the district court's original judgment dated September 19, 1979, invalidating a related interim zoning ordinance on the same grounds. Limiting our review, as we must, only to new matters raised by the amended judgment...

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