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DEAD LAKE ASS'N, INC. v. OTTER TAIL COUNTY

No. A03-750.

695 N.W.2d 129 (2005)

DEAD LAKE ASSOCIATION, INC., Appellant, v. OTTER TAIL COUNTY, Minnesota, Respondent, R. Murray Partnership, LLP, Respondent.

Supreme Court of Minnesota.

April 28, 2005.

Attorney(s) appearing for the Case

Gerald W. VonKorff, Rinke-Noonan, St. Cloud, MN, for appellant.

Byron E. Starns, Leonard, Street and Deinard, Minneapolis, MN, Robert L. Russell, Fergus Falls, MN, Peder A. Larson, Edina, MN, for respondent R. Murray Partnership.

Michael T. Rengel, Pemberton, Sorlie, Rufer & Kershner, PLLP, Fergus Falls, MN, for respondent Otter Tail County.

John H. Erickson, Erickson, Pearson & Aanes, Brainerd, MN, for amicus curiae Minnesota Lakes Association.

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

OPINION

MEYER, Justice.

This is an appeal from a decision by respondent Otter Tail County (the County) to grant a conditional use permit (CUP) for a planned unit development (PUD) on Dead Lake in Otter Tail County. Dead Lake Association (the Association), a group of landowners opposed to the development, challenged the County's grant of the CUP, arguing that the County lacked authority to grant the permit because the shoreland at issue was not properly zoned...

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