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FRYBERGER v. TOWNSHIP OF FREDENBERG

No. C0-88-615.

428 N.W.2d 601 (1988)

Jeremy FRYBERGER, et al., Appellants, v. TOWNSHIP OF FREDENBERG, et al., Russell Finner, et al., Respondents.

Court of Appeals of Minnesota.

Writ Denied November 16, 1988.

Attorney(s) appearing for the Case

Mark L. Knutson, Duluth, for Jeremy Fryberger.

Wayne E. Gilbert, Duluth, for Township of Fredenberg.

Kenneth D. Butler, Duluth, for Russell Finner.

Heard, considered and decided by NORTON, P.J., and HUSPENI and KALITOWSKI, JJ.

OPINION

HUSPENI, Judge.

Appellant property owners appeal from an award of summary judgment to respondents, the Township of Fredenberg and Russell Finner, wherein the trial court determined that the Fredenberg Town Board of Adjustment lacked authority to review and reverse the Town Planning Commission's grant of a conditional use permit to Finner. We affirm in part, reverse in part and remand.

FACTS

Respondent Russell Finner owns a parcel...

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