Legal Opinion

Allen v. City of Mendota Heights

Court of Appeals of Minnesota

Decided March 29, 2005No. A04-1278Published

1Opinion of the Court

OPINION

TOUSSAINT, Chief Judge.

In this mandamus proceeding, appellants argue that their applications for permits to respondent City of Mendota Heights were automatically approved under Minn.Stat. § 15.99, subd. 2 (2004). Upon a citizens’ petition for environmental review of appellants’ project, the city tolled the running of the automatic approval period. Because the city and district court correctly interpreted an express exception in section 15.99 to allow for tolling of the deadline for agency action on the applications pending the environmental review process under the Minnesota…

2Cases cited7 opinions

  1. American Tower, L.P. v. City of GrantSupreme Court of Minnesota · 2001
  2. No Power Line, Inc. v. Minnesota Environmental Quality CouncilSupreme Court of Minnesota · 1977
  3. Fairview Hospital & Health Care Services v. St. Paul Fire & Marine Insurance Co.Supreme Court of Minnesota · 1995
  4. Houston v. International Data Transfer Corp.Supreme Court of Minnesota · 2002
  5. Castor v. City of MinneapolisSupreme Court of Minnesota · 1988

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