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TOBY'S OF ALEXANDRIA v. COUNTY OF DOUGLAS

No. C9-95-1958.

545 N.W.2d 54 (1996)

TOBY'S OF ALEXANDRIA, INC., et al., Appellants, v. COUNTY OF DOUGLAS, Respondent.

Court of Appeals of Minnesota.

Review Denied May 21, 1996.

Attorney(s) appearing for the Case

Michael J. Dolan, Thornton, Hegg, Reif, Johnston & Dolan, P.A., Alexandria, MN, for Appellants.

Ann L. Carrott, Douglas County Attorney, Allen L. Senstad, Assistant County Attorney, West Alexandria, MN, for Respondent.

Considered and decided by RANDALL, P.J., and LANSING and KLAPHAKE, JJ.

OPINION

LANSING, Judge.

A conditional use permit applicant challenges the district court's order of dismissal for lack of subject matter jurisdiction. Because a county zoning ordinance expressly provided for direct appeal to a district court, and the ordinance was within the power granted by the enabling statute, we reverse and remand.

FACTS

In January 1995 Toby's of Alexandria applied for a conditional use permit to operate a restaurant...

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