Legal Opinion

Breza v. City of Minnetrista

Court of Appeals of Minnesota

Decided November 29, 2005No. A04-2286PublishedCited by 2 opinions

1Opinion of the Court

OPINION

HALBROOKS, Judge.

Appellant challenges the district court’s decision to grant respondent’s petition for a writ of mandamus. Appellant contends that the district court lacked subject-matter jurisdiction to consider respondent’s petition because respondent did not appeal to the Board of Water and Soil Resources (BWSR) before petitioning the district court for a writ of mandamus. But because appellant failed to make a decision on respondent’s exemption application within 60 days, as required by Minn.Stat. § 15.99 (2004), appellant lost the ability to act on that application. Therefore,…

2Cases cited10 opinions

  1. Brookfield Trade Center, Inc. v. County of RamseySupreme Court of Minnesota · 1998
  2. McIntosh v. DavisSupreme Court of Minnesota · 1989
  3. Demolition Landfill Services, LLC v. City of DuluthCourt of Appeals of Minnesota · 2000
  4. Nolan and Nolan v. City of EaganCourt of Appeals of Minnesota · 2003
  5. In Re ThulinCourt of Appeals of Minnesota · 2003

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3Cited by2 opinions

  1. Breza v. City of MinnetristaSupreme Court of Minnesota · 2006
  2. In re Qwest Corp.Court of Appeals of Minnesota · 2018

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