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CITY OF BARNUM v. COUNTY OF CARLTON

No. C3-85-1419.

386 N.W.2d 770 (1986)

CITY OF BARNUM, Minnesota Pollution Control Agency, Appellants, v. COUNTY OF CARLTON, et al., Respondents.

Court of Appeals of Minnesota.

Review Granted July 16, 1986.

Attorney(s) appearing for the Case

Harry L. Newby, Jr., Newby, Korman, Lingren & Newby, Ltd., Cloquet, for City of Barnum.

Hubert H. Humphrey, III, Atty. Gen., Alan R. Mitchell, Spec. Asst. Atty. Gen., Roseville, for Minnesota Pollution Control Agency.

Marvin Ketola, Co. Atty., Carlton, Raymond L. Erickson, Richard J. Leighton, Hanft, Fride, O'Brien, Harries & Bujold, Duluth, for Carlton County and County Board of Carlton.

Heard, considered, and decided by WOZNIAK, P.J., and HUSPENI and RANDALL, JJ.

OPINION

WOZNIAK, Judge.

The City of Barnum appeals the district court's decision denying its request for a writ of mandamus compelling Carlton County to issue a conditional use permit to build a new wastewater treatment facility. The City of Barnum contends that Carlton County acted arbitrarily and capriciously in denying its application for a conditional use permit. We agree, and reverse the order of the district court.

FACTS

The City...

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