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APPEAL OF KENNEY

No. C7-84-831.

374 N.W.2d 271 (1985)

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

Supreme Court of Minnesota.

September 27, 1985.

Attorney(s) appearing for the Case

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

John R. Koch, St. Cloud, for respondent.

Hubert H. Humphrey, III, Atty. Gen. by A.W. Clapp, III, Sp. Asst. Atty. Gen., St. Paul, for amicus curiae Minnesota Department of Natural Resources.

Heard, considered, and decided by the court en banc.

YETKA, Justice.

On August 24, 1980, the County of Stearns, petitioner, denied Harold Kenney, Jr., respondent, a variance from a building restriction placed on his nonconforming boathouse on the ground that its Board of Adjustment lacked the statutory authority to grant the variance. Kenney appealed to the District Court of Stearns County. On January 31, 1984, the district court sustained the Board of Adjustment, ruling that the board was statutorily prohibited from...

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