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GUN LAKE ASS'N v. COUNTY OF AITKIN

No. C7-99-1630.

612 N.W.2d 177 (2000)

GUN LAKE ASSOCIATION, et al., Relators, v. COUNTY OF AITKIN, individually and by and through its planning commission and board of commissioners, Respondent, George Shetka, et al., Respondents.

Court of Appeals of Minnesota.

June 20, 2000.

Attorney(s) appearing for the Case

Thomas A. Streitz, Minneapolis, MN, John Erickson, Erickson & Pearson Law Offices, Brainerd, for relators.

Jack Y. Perry, Tamika R. Nordstrom, Briggs & Morgan, P.A., Minneapolis, for respondent George Shetka and Charles Hawkinson.

Michael J. Ford, Quinlivan & Hughes, P.A., St. Cloud, and Bradley Rhodes, Aitkin County Attorney, James P. Ratz, Assistant County Attorney, Aitkin, for respondent Aitkin County.

Considered and decided by G. BARRY ANDERSON, Presiding Judge, SCHUMACHER, Judge, and PETERSON, Judge.

OPINION

PETERSON, Judge

Respondents applied to Aitkin County for a conditional use permit (CUP) to operate a hot-mix, asphalt plant on property in Fleming Township. When the county planning commission initially considered the CUP application, it stated it was conditionally granting the application and that specific conditions for the operation of the hot-mix plant would be imposed later. The planning commission...

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