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BREZA v. CITY OF MINNETRISTA

No. A04-2286.

706 N.W.2d 512 (2005)

Richard BREZA, Respondent, v. CITY OF MINNETRISTA, Appellant.

Court of Appeals of Minnesota.

November 29, 2005.

Attorney(s) appearing for the Case

Gary A. Van Cleve, Jessica B. Rivas, Larkin Hoffman Daly & Lindgren, Ltd., Minneapolis, MN, for respondent.

George C. Hoff, Justin L. Templin, Hoff, Barry & Kuderer, P.A., Eden Prairie, MN, for appellant.

Susan L. Naughton, League of Minnesota Cities, St. Paul, MN, for Amicus Curiae.

Considered and decided by PETERSON, Presiding Judge; HALBROOKS, Judge; and WRIGHT, Judge.

OPINION

HALBROOKS, Judge.

Appellant challenges the district court's decision to grant respondent's petition for a writ of mandamus. Appellant contends that the district court lacked subject-matter jurisdiction to consider respondent's petition because respondent did not appeal to the Board of Water and Soil Resources (BWSR) before petitioning the district court for a writ of mandamus. But because appellant...

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