AMERICAN TOWER, L.P. v. CITY OF GRANT

No. C1-00-786.

636 N.W.2d 309 (2001)

AMERICAN TOWER, L.P., a Delaware limited partnership, Respondent, APT Minneapolis, Inc., a Delaware corporation, Plaintiff, v. CITY OF GRANT, Petitioner, Appellant.

Supreme Court of Minnesota.

December 6, 2001.


Attorney(s) appearing for the Case

James M. Strommen, Karen R. Cole, Minneapolis, for appellant.

Gary A. Van Cleve, Mark D. Christopherson, Bloomington, for respondent.

Susan L. Naughton, St. Paul, for amici curiae League of Minnesota Cities.

Donald Smith, Edina, for amici curiae Minnesota Association of Realtors.

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


OPINION

GILBERT, Justice.

We must decide whether appellant, City of Grant (City), complied with the requirements contained in Minn.Stat. § 15.99 (2000) in denying respondent's request for a conditional use permit (CUP) more than 60 days after receiving respondent's written request. We hold that the City did not comply with the statutory requirements and affirm the court of appeals for the reasons stated below.

Respondent, American Tower, is...

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