Earthburners, Inc. v. County of Carlton

OPINION

CRIPPEN, Judge.

This appeal raises a question not previously decided, respecting judicial review of the county’s quasi-judicial decision to deny a special use permit. Appellant contends that the trial court erred by employing a summary judgment to direct issuance of the permit. We affirm.

FACTS

Early in 1992, respondent Earthburners, Inc. applied to Carlton County for a permit to operate a portable so-called soil roaster on a 300-acre site where a gravel pit is now operated. The soil roaster device is employed to cleanse petroleum-contaminated soils. The parties agree that this operation…