Brakke v. Beardsley

TODD, Justice.

This case is presented in such a peculiar and difficult procedural tangle that a decision on the merits would be inappropriate. We dismiss the appeal on the grounds that the appellants’ intervention for the sole purpose of bringing this appeal was untimely.

On June 17,1977, Ronald Brakke received a building permit to construct a storage facility with grain bins. His plans disclosed a building setback of 47 feet. The Clay County ordinance required a setback of 125 feet, but apparently provided for a variance based on existing building lines. Relying on the permit, plaintiff began…