IN RE HUBBARD

Nos. A07-1932, A07-2006.

778 N.W.2d 313 (2010)

In the Matter of the Denial of Certification of the Variance Granted to Robert W. HUBBARD by the City of Lakeland.

Supreme Court of Minnesota.

February 11, 2010.


Attorney(s) appearing for the Case

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

Andrew T. Shern, Thomas A. Gilligan, Jr., Murnane Brandt, St. Paul, MN, for appellants Sierra Club and St. Croix River Association.

Sam Hanson, Diane B. Bratvold, Briggs and Morgan, P.A., Minneapolis, MN, Scott R. Strand, David A. Jones, St. Paul, MN, for respondent Robert W. Hubbard.

Nicholas J. Vivian, Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P., Stillwater, MN, for respondent City of Lakeland.


OPINION

GILDEA, Justice.

This action arises from respondent Robert W. Hubbard's application to the City of Lakeland (City) for a variance in connection with Hubbard's efforts to build a new home on a bluff overlooking the lower St. Croix River. The City granted the variance, but the Department of Natural Resources (DNR) declined to certify1 the City's action. The DNR upheld its decision...

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