Board Order, Kells v. City of Rochester

OPINION

RANDALL, Judge.

Relator challenges a decision of the Minnesota Board of Water and Soil Resources (BWSR), which reversed the City of Rochester’s approval of a wetland replacement plan. Relator asserts that BWSR’s decision must be reversed because BWSR did not have jurisdiction to hear the appeal and BWSR erred as a matter of law by reversing the city’s approval. In the alternative, relator argues that this case should be remanded because only five of the 17 BSWR members heard the appeal. We affirm.

FACTS

Relator B & F Properties, L.L.C. (B & F) owns an approximately 21-acre parcel of land…