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BUSS v. JOHNSON

No. C2-00-1395.

624 N.W.2d 781 (2001)

Marlyn BUSS, Relator, v. Suzette JOHNSON, Respondent, Blue Earth County Board of Commissioners, Respondent.

Court of Appeals of Minnesota.

April 3, 2001.

Attorney(s) appearing for the Case

William S. Partridge, Farrish Johnson Law Office, Mankato, MN, for relator.

Suzette E. Johnson, Johnson, Anderson & Zellmer, Mankato, MN, for respondent Suzette Johnson.

Jay T. Squires, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for respondent Blue Earth County Board of Commissioners.

Considered and decided by LANSING, Presiding Judge, ANDERSON, Judge, and HALBROOKS, Judge.

OPINION

G. BARRY ANDERSON, Judge.

Relator Marlyn Buss challenges the Blue Earth County Board of Commissioners' grant of a conditional use permit to respondent Suzette Johnson that allowed her to rebuild a destroyed, nonconforming horse barn. Relator argues that a county ordinance that permits the rebuilding of a destroyed nonconforming structure is invalid because it conflicts with Minn.Stat. § 394.36, subd. 1 (2000), which requires conforming use of...

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