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IN RE SKYLINE MATERIALS, LTD.

No. A11-2030.

835 N.W.2d 472 (2013)

In re Application of SKYLINE MATERIALS, LTD. for Zoning Variance.

Supreme Court of Minnesota.

August 21, 2013.

Attorney(s) appearing for the Case

Jay T. Squires , Courtney R. Sebo , Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for appellant Houston County.

Gregory B. Schultz , Gregory Schultz Law Office, Caledonia, MN, for respondents Michael and Diane Fields.

Paul D. Reuvers , Susan M. Tindal , Iverson Reuvers , Bloomington, MN, for amicus curiae Association of Minnesota Counties.

OPINION

ANDERSON, Justice.

The issue presented in this case is whether respondents properly served their notice of appeal of a variance decision by a county board of adjustment. Because we conclude that respondents' service of process pursuant to Rule 5.02 of the Minnesota Rules of Civil Procedure, rather than Rule 4.03, was ineffective to commence an action in the district court, we reverse and remand to the district court with instructions to dismiss respondents...

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