Legal Opinion
In Re the Application of Merritt
Court of Appeals of Minnesota
Decided September 19, 1995No. C9-95-292PublishedCited by 3 opinions
1Opinion of the Court
OPINION
NORTON, Judge.
On a writ of certiorari, relator contends the county board’s decision to deny his rezoning request was arbitrary and capricious, unsupported by the record, and an abuse of discretion. A declaratory judgment action, not a writ of certiorari, is the appropriate method of review from a rezoning decision. We dismiss for lack of subject matter jurisdiction.
FACTS
In June 1993, relator Grant Merritt purchased a 1067-acre tract of land for $195,000. The tract includes the 67-aere Lost Lake. The Minnesota Department of Natural Resources has classified this area as “natural…
2Cases cited7 opinions
- Honn v. City of Coon RapidsSupreme Court of Minnesota · 1981
- State Ex Rel. Rochester Ass'n of Neighborhoods v. City of RochesterSupreme Court of Minnesota · 1978
- Township of Honner v. Redwood CountyCourt of Appeals of Minnesota · 1994
- Czech v. City of BlaineSupreme Court of Minnesota · 1977
- In Re the Occupational License of HaymesSupreme Court of Minnesota · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Watab Township Citizen Alliance v. Benton County Board of CommissionersCourt of Appeals of Minnesota · 2007
- Heideman v. Metropolitan Airports CommissionCourt of Appeals of Minnesota · 1996
- Carlson v. ChermakCourt of Appeals of Minnesota · 2002