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IN RE LIVINGOOD

No. C2-98-262.

594 N.W.2d 889 (1999)

In the Matter of Russ LIVINGOOD.

Supreme Court of Minnesota.

June 17, 1999.

Attorney(s) appearing for the Case

Thomas J. Simmons, Renville County Attorney, Benjamin H. Frisch, Assistant Renville County Attorney, Olivia, for relator/appellant.

Gary W. Koch, Richard F. Prim, Gislason, Dosland, Hunter & Malecki, P.L.L.P., New Ulm, for respondent.

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

OPINION

RUSSELL A. ANDERSON, J.

Respondent Russell Livingood applied to appellant Renville County for a conditional use permit to expand his confinement hog facilities. The county denied the permit, and Livingood filed a writ of certiorari in the court of appeals. The court of appeals reversed the decision of the county, concluding that the county lacked sufficient evidence to support the denial, and remanded the case with directions to issue the permit...

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