ALLEN v. CITY OF MENDOTA HEIGHTS

No. A04-1278.

694 N.W.2d 799 (2005)

John N. ALLEN, et al., petitioners, Appellants, v. CITY OF MENDOTA HEIGHTS, a municipal corporation, Respondent.

Court of Appeals of Minnesota.

March 29, 2005.


Attorney(s) appearing for the Case

Mark Handley Thieroff, Gerald S. Duffy, Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, MN, for appellants.

John Michael Baker, Greene Espel, P.L.L.P., Minneapolis, MN, for respondent.

Considered and decided by TOUSSAINT, Chief Judge; HUDSON, Judge; and PORITSKY, Judge.


OPINION

TOUSSAINT, Chief Judge.

In this mandamus proceeding, appellants argue that their applications for permits to respondent City of Mendota Heights were automatically approved under Minn.Stat. § 15.99, subd. 2 (2004). Upon a citizens' petition for environmental review of appellants' project, the city tolled the running of the automatic approval period. Because the city and district court correctly interpreted an express exception in section 15.99...

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