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ORTELL v. CITY OF NOWTHEN

No. A11-1155.

814 N.W.2d 40 (2012)

Daniel S. ORTELL, Respondent, v. CITY OF NOWTHEN, Appellant.

Court of Appeals of Minnesota.

April 2, 2012.

Attorney(s) appearing for the Case

Daniel S. Ortell , Andover, MN, pro se respondent.

James J. Monge , League of Minnesota Cities, St. Paul, MN, for appellant.

Considered and decided by KLAPHAKE, Presiding Judge; STONEBURNER, Judge; and CLEARY, Judge.

OPINION

KLAPHAKE, Judge.

Appellant City of Nowthen (the city) challenges the district court's summary judgment in favor of respondent Daniel Ortell that permits respondent to rebuild his nonconforming property. Appellant argues that the district court erred in interpreting Minn.Stat. § 462.357, subd. 1e(a)(2), to permit restoration of a nonconformity that is destroyed by greater than 50 percent of its value without the need for a variance, when the...

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