YANG v. COUNTY OF CARVER

No. C3-02-1460.

660 N.W.2d 828 (2003)

Thor YANG, Relator, v. COUNTY OF CARVER, et al., Respondents.

Court of Appeals of Minnesota.

May 20, 2003.


Attorney(s) appearing for the Case

Richard G. Wilson, Virginia A. Bell, Laura J. Lindstrom, Maslon, Edelman, Borman Brand, L.L.P., Minneapolis, MN, for relator.

Paul D. Reuvers, Jason J. Kuboushek, Iverson Reuvers, L.L.C., Bloomington, MN, for respondents.

Considered and decided by WILLIS, Presiding Judge, SCHUMACHER, Judge, and ANDERSON, Judge.


OPINION

ROBERT H. SCHUMACHER, Judge.

By writ of certiorari, relator Thor Yang appeals the decision of respondent County of Carver to deny his application for a conditional use permit, asserting that the denial is arbitrary and capricious because the county had no legally sufficient reason to deny and that the denial was motivated by discriminatory intent. Because the county had no legally sufficient reason to deny the permit, we reverse and remand.

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