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R.L. HEXUM & ASSOCIATES v. ROCHESTER TP.

No. C0-99-1615.

609 N.W.2d 271 (2000)

R.L. HEXUM & ASSOCIATES, INC. et al., Appellants, v. ROCHESTER TOWNSHIP, BOARD OF SUPERVISORS, Respondent.

Court of Appeals of Minnesota.

April 25, 2000.

Attorney(s) appearing for the Case

Michael McCarthy and Howard Roston, Maslon, Edelman, Borman & Brand, Minneapolis, for appellants.

C. Todd Keobele, Peter B. Tiede, and Nancy A. Proffitt, Murnane, Conlin, White & Brandt, St. Paul, for respondent.

Considered and decided by RANDALL, Presiding Judge, AMUNDSON, Judge, and G. BARRY ANDERSON, Judge.

OPINION

AMUNDSON, Judge.

Appellants R.L. Hexum and Associates, Inc., and David T. Bishop challenge the district court's grant of summary judgment to respondent Rochester Township Board of Supervisors. Appellants argue that the district court erred in (1) concluding that the proposed use was consistent with local ordinances governing farming and uses "similar to" general farming and (2) precluding the submission of new evidence

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