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APPEAL OF KENNEY

No. C7-84-831.

358 N.W.2d 120 (1984)

In re the Matter of The Appeal of Harold KENNEY, Jr. of Paynesville, Minnesota from Order Denying Administrative Appeal by Board of Adjustments.

Court of Appeals of Minnesota.

November 20, 1984.

Attorney(s) appearing for the Case

Ronald R. Frauenshuh, Sr., Frauenshuh & Fahlberg, Paynesville, for appellant.

Roger Van Heel, Stearns County Atty., John R. Koch, Asst. County Atty., St. Cloud, for respondent.

Heard, considered and decided by POPOVICH, C.J., and SEDGWICK and LESLIE, JJ.

OPINION

SEDGWICK, Judge.

Appellant appeals from the trial court's judgment affirming the Stearns County Board of Adjustment's refusal to grant a variance. Appellant claims the Board of Adjustment had the authority to grant the variance. We reverse and remand.

FACTS

The parties stipulated to the following facts pursuant to Minn.R.Civ.App.P. 110.04.

On May 24, 1980, appellant Harold Kenney, Jr. applied for and received from the Town...

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