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IN RE DENIAL OF CERTIFICATION OF VARIANCE GRANTED TO HASLUND

No. A08-0427.

759 N.W.2d 680 (2009)

In the Matter of the DENIAL OF CERTIFICATION OF the VARIANCE GRANTED TO David HASLUND by the CITY OF ST. MARY'S POINT.

Court of Appeals of Minnesota.

January 27, 2009.

Attorney(s) appearing for the Case

Bradley J. Gunn, Malkerson, Gilliland & Martin, L.L.P., Minneapolis, MN for relator David Haslund.

Lori Swanson, Attorney General, David P. Iverson, Kimberly J. Middendorf, Assistant Attorneys General, St. Paul, MN for respondent Commissioner of Natural Resources.

Considered and decided by SCHELLHAS, Presiding Judge; JOHNSON, Judge; and CRIPPEN, Judge.

OPINION

SCHELLHAS, Judge.

Relator challenges respondent's refusal to certify a city's decision to allow relator to develop a parcel of land. We conclude that (1) the terms of the city's zoning ordinances fail to comply with DNR's minimum standards adopted under the Lower St. Croix Wild and Scenic River Act (Lower St. Croix Act), (2) DNR's minimum standards require relator to obtain a variance from the city to...

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