EARTHBURNERS, INC. v. COUNTY OF CARLTON

No. C5-93-110.

504 N.W.2d 66 (1993)

EARTHBURNERS, INC., Respondent, v. COUNTY OF CARLTON, Appellant.

Court of Appeals of Minnesota.

Review Granted September 21, 1993.


Attorney(s) appearing for the Case

Robert C. Maki, Maki & Overom, Chtd., Duluth, for respondent.

Marvin E. Ketola, Carlton County Atty., James M. Ross, Jr., Asst. County Atty., Carlton, for appellant.

Considered and decided by LANSING, P.J., and CRIPPEN and HOLTAN, JJ.


OPINION

CRIPPEN, Judge.

This appeal raises a question not previously decided, respecting judicial review of the county's quasi-judicial decision to deny a special use permit. Appellant contends that the trial court erred by employing a summary judgment to direct issuance of the permit. We affirm.

FACTS

Early in 1992, respondent Earthburners, Inc. applied to Carlton County for a permit to operate a portable so-called soil roaster on a 300...

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