Appeal of Kenney

YETKA, Justice.

On August 24, 1980, the County of Stearns, petitioner, denied Harold Kenney, Jr., respondent, a variance from a building restriction placed on his nonconforming boathouse on the ground that its Board of Adjustment lacked the statutory authority to grant the variance. Kenney appealed to the District Court of Stearns County. On January 31, 1984, the district court sustained the Board of Adjustment, ruling that the board was statutorily prohibited from granting the variance. Kenney then appealed to the Minnesota Court of Appeals, 358 N.W.2d 120. On November 20, 1984, the court of…