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CALM WATERS, LLC v. KANABEC COUNTY BD. OF COM'RS

Nos. A06-2019, A06-2361.

756 N.W.2d 716 (2008)

CALM WATERS, LLC, Respondent, v. KANABEC COUNTY BOARD OF COMMISSIONERS, et al., Appellants.

Supreme Court of Minnesota.

Rehearing Denied October 28, 2008.

Attorney(s) appearing for the Case

Scott T. Anderson, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for appellants.

Grant W. Lindberg, Jimmy A. Lindberg, Lindberg & McKinnis, P.A., Cambridge, MN, for respondent.

Paul D. Reuvers, Jason J. Kuboushek, Iverson Reuvers, LLC, Bloomington, MN, for amicus curiae Association of Minnesota Counties.

Kathleen Heaney, Sherburne County Attorney, Arden Fritz, Assistant County Attorney, Elk River, MN, for amicus curiae Minnesota County Attorneys Association.

OPINION

PAGE, Justice.

Respondent Calm Waters, LLC, submitted for approval an application for a preliminary plat located in Kanabec County, Minnesota. We are asked in this consolidated appeal to determine (1) whether the 60-day rule set out in Minn.Stat. § 15.99 (2006) applies to subdivision applications, and (2) if so, whether the appellants Kanabec County Board of Commissioners, Kanabec County Planning Commission, and Kanabec County Environmental...

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