In re Request for Adoption of Findings of Fact & Conclusions Setting Forth the Reasons for the December 20, 1988

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

The City of Winona appealed, by writ of certiorari, from the denial of a contested case hearing and the issuance of a permit to Winona County for operation of a solid waste incinerator. Briefing is complete and oral arguments were recently held. The county now seeks an order compelling the city to post a surety bond.

If an action is brought in any court to challenge the validity of a condition precedent to an act, or the act itself, of a public body in the course of authorizing, issuing, or selling bonds, or in contracting for a public improvement, the…