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EARTHBURNERS, INC. v. COUNTY OF CARLTON

No. C5-93-110.

513 N.W.2d 460 (1994)

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

Supreme Court of Minnesota.

March 18, 1994.

Attorney(s) appearing for the Case

James M. Ross, Jr., Carlton, for appellant.

Robert C. Maki, Duluth, for respondent.

Carla Heyl, League of MN Cities, Shoreview, for amicus curiae.

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

OPINION

COYNE, Justice.

We granted the petition of Carlton County to consider whether the proceedings of its county board were in compliance with Carlton County, Mn. Ordinance 6, § 20 (Aug. 1, 1978), with respect to Earthburners, Inc.'s application for a conditional use permit. Because we conclude that the proceedings were deficient, we reverse and remand for the board's reconsideration of the application.

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