Legal Opinion

Heinsch v. Lot 27, Block 1 Fob's Beach, Section 21, Township 69, Range 21 (Unorganized Township), St. Louis County

Court of Appeals of Minnesota

Decided January 13, 1987No. C7-86-1112PublishedCited by 11 opinions

1Opinion of the Court

OPINION

POPOVICH, Chief Judge.

This appeal is from a trial court order refusing to docket appellant’s challenge of a county board of adjustment decision because of failure to remit a filing fee within the appeal period. Appellant claims the trial court erred because (1) Minn.Stat. § 394.27, subd. 9 does not require filing be completed within 30 days and (2) failure to remit a filing fee is a nonjurisdictional defect. We affirm.

FACTS

In April 1983, appellant Kenneth Heinsch began construction of a building on his lakeshore property after being issued building and land use permits. In October…

2Cases cited5 opinions

  1. Liptak v. State Ex Rel. City of New HopeCourt of Appeals of Minnesota · 1983
  2. County of Ramsey v. Minnesota Public Utilities CommissionSupreme Court of Minnesota · 1984
  3. Swicker v. RyanCourt of Appeals of Minnesota · 1984
  4. Dempsey v. MeighenSupreme Court of Minnesota · 1960
  5. State v. PillaCourt of Appeals of Minnesota · 1986

3Cited by11 opinions

  1. Irvin v. City of ClarksvilleCourt of Appeals of Tennessee · 1988
  2. Davis v. DanielsonCourt of Appeals of Minnesota · 1997
  3. In RE MARRIAGE OF FITZGERALD v. FitzgeraldCourt of Appeals of Minnesota · 2001
  4. Curtis v. Otter Tail County Board of AdjustmentCourt of Appeals of Minnesota · 1990
  5. Elbert v. TlamCourt of Appeals of Minnesota · 2013

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