IN THE MATTER OF ADMINISTRATIVE ORDER ISSUED TO WRIGHT CNTY.

No. A09-1773.

784 N.W.2d 398 (2010)

In the Matter of the ADMINISTRATIVE ORDER ISSUED TO WRIGHT COUNTY.

Court of Appeals of Minnesota.

July 6, 2010.


Attorney(s) appearing for the Case

Scott T. Anderson, Matthew J. Bialick, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for relator Wright County.

Lori Swanson, Attorney General, Christopher M. Kaisershot, Assistant Attorney General, St. Paul, MN, for DOLI.

Peter B. Tiede, Cally E. Swanson, Murnane Brandt, St. Paul, MN, for respondent Corinna Township.

Considered and decided by KLAPHAKE, Presiding Judge; MINGE, Judge; and MUEHLBERG, Judge.


OPINION

MINGE, Judge.

Relator brings a certiorari appeal challenging a cease-and-desist order issued by the Minnesota Department of Labor and Industry (DOLI), which forbids the relator from enforcing the Minnesota State Building Code (MSBC) within the shoreland management district of respondent township. Relator argues that DOLI lacks authority to issue the order, that the order is arbitrary and capricious, and that DOLI's adjudicatory determination constituted...

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