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IN RE BLOCK

Nos. A06-387, A06-518.

727 N.W.2d 166 (2007)

In the Matter of an Application by Harvey BLOCK and Gary McDuffee for a Conditional Use Permit.

Court of Appeals of Minnesota.

February 6, 2007.

Attorney(s) appearing for the Case

Marshall H. Tanick, Teresa J. Ayling, Beth Erickson, Mansfield, Tanick & Cohen, P.A., Minneapolis, MN, for relators Roger E. Nelson, et al.

Richard D. Snyder, Sten-Erik Hoidal, Fredrikson & Byron, P.A., Minneapolis, MN and Timothy J. Shields, Richfield, MN, for relator Minnesota Federated Humane Societies.

Conrad Freeberg, Morrison County Attorney, Little Falls, MN and Michael T. Rengel, Pemberton, Sorlie, Rufer & Kershner, P.L.L.P., Fergus Falls, MN, for respondent Morrison County.

Konstandinos Nicklow, Meshbesher & Spence, Ltd., Minneapolis, MN and Douglas P. Anderson, Rosenmeier, Anderson & Vogel, Little Falls, MN, for respondent Gary McDuffee.

Considered and decided by HALBROOKS, Presiding Judge; RANDALL, Judge; and STONEBURNER, Judge.

OPINION

RANDALL, Judge.

In these consolidated certiorari appeals, relators Roger and Deborah Nelson and Jeremy and Sarah Dickman (the Nelson relators) and the Minnesota Federated Humane Societies (MFHS) seek review of respondent Morrison County Board of Commissioners' decision to grant a conditional use permit (CUP) to respondent Gary McDuffee to operate a dog-breeding facility. The Nelson relators argue that the county board's issuance of the CUP was arbitrary...

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