HENNING v. VILLAGE OF PRIOR LAKE

No. C4-88-1704.

435 N.W.2d 627 (1989)

William F. HENNING, Appellant, v. VILLAGE OF PRIOR LAKE, Respondent.

Court of Appeals of Minnesota.

Review Denied April 24, 1989.


Attorney(s) appearing for the Case

Larry B. Guthrie, Nancy B. Hupp, Maun, Green, Hayes, Simon, Johanneson and Brehl, Minneapolis, for appellant.

Kay Nord Hunt, V. Owen Nelson, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for respondent.

Heard, considered and decided by FOLEY, P.J., and FORSBERG and STONE, JJ.


OPINION

FOLEY, Judge.

This appeal is from a summary judgment granted to respondent Village of Prior Lake where the parties stipulated that there were no material issues of fact, and where the trial court concluded that Prior Lake had a sufficient legal and factual basis both to require the submission of a new application for Titus 2nd Addition pursuant to Minn.Stat. § 462.358, subd. 3c (1986), and to refuse to replat the land. We affirm.

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