Legal Opinion
Toby's of Alexandria, Inc. v. County of Douglas
Court of Appeals of Minnesota
Decided March 26, 1996No. C9-95-1958PublishedCited by 4 opinions
1Opinion of the Court
OPINION
LANSING, Judge.
A conditional use permit applicant challenges the district court’s order of dismissal for lack of subject matter jurisdiction. Because a county zoning ordinance expressly provided for direct appeal to a district court, and the ordinance was within the power granted by the enabling statute, we reverse and remand.
FACTS
In January 1995 Toby’s of Alexandria applied for a conditional use permit to operate a restaurant. The Douglas County Planning-Commission held a public hearing on the application and recommended approval. The Douglas County Board of Commissioners considered…
2Cases cited4 opinions
- Dietz v. Dodge CountySupreme Court of Minnesota · 1992
- Dokmo v. Independent School District No. 11Supreme Court of Minnesota · 1990
- Neitzel v. County of RedwoodCourt of Appeals of Minnesota · 1994
- Shetka v. Aitkin CountyCourt of Appeals of Minnesota · 1995
3Cited by4 opinions
- Naegele Outdoor Advertising, Inc. v. Minneapolis Community Development AgencyCourt of Appeals of Minnesota · 1996
- Molnar v. County of Carver Board of CommissionersCourt of Appeals of Minnesota · 1997
- City of Hibbing v. BarattoCourt of Appeals of Minnesota · 2000
- United Migrant Opportunity Services, Inc. v. Dodge County Planning CommissionCourt of Appeals of Minnesota · 2001