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APPLICATION OF MERRITT

No. C9-95-292.

537 N.W.2d 289 (1995)

In the Matter of the Application of Grant MERRITT, Case No. 94-3, Merritt, Furber & Timmer, for a Zone Change from FAR-1, 2100 Metropolitan Centre, (Forest/Agriculture Recreation) 333 South Seventh Street to FAR-3 (Forest/Agriculture, Minneapolis, MN 55402 Residential) for the area covering the North and East Shores of Lost Lake.

Court of Appeals of Minnesota.

September 19, 1995.

Attorney(s) appearing for the Case

Grant Merritt, pro se.

Frank A. Dvorak, Foley & Mansfield, Minneapolis, William J. Hennessy, Cook County Attorney, Grand Marais, for Cook County Board of Commissioners.

Considered and decided by NORTON, P.J., TOUSSAINT, C.J., and FOLEY, J.

OPINION

NORTON, Judge.

On a writ of certiorari, relator contends the county board's decision to deny his rezoning request was arbitrary and capricious, unsupported by the record, and an abuse of discretion. A declaratory judgment action, not a writ of certiorari, is the appropriate method of review from a rezoning decision. We dismiss for lack of subject matter jurisdiction.

FACTS

In June 1993, relator Grant Merritt purchased a 1067-acre...

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