Opinion

Interstate Power Co. v. Nobles County Board of Commissioners

  • 617 N.W.2d 566
  • 2000 Minn. LEXIS 629
  • 2000 WL 1511759
Court
Supreme Court of Minnesota
Filed
Oct 12, 2000
Status
Published
Author
Anderson
On the bench
Blatz, Gilbert, Anderson
Cited by
81 cases

concluding that additional reasons for denial of a conditional use permit (CUP) not raised in the initial proceedings could not be used to support denial of the CUP because they were beyond the scope of remand

How later courts described this case

  • concluding that additional reasons for denial of a conditional use permit (CUP) not raised in the initial proceedings could not be used to support denial of the CUP because they were beyond the scope of remand
  • clarifying that quasi-judicial zoning decisions of a county board are reviewable by writ of certiorari based on a “narrow exception” that “exists because the legislature has not provided for judicial review of zoning decisions of county boards in the district court as it has for zoning decisions of cities, towns and even county boards of adjustment”
  • stating the general rule that “appellate courts apply the law as it exists at the time they rule on a case” unless doing so would affect vested rights or result in manifest injustice
  • stating that, generally, "appellate courts apply the law as it exists at the time they rule on a case" unless doing so would affect vested rights or result in a manifest injustice

Written by the judges who cited it.

The opinion

PAUL H. ANDERSON, Justice

(concurring in part, dissenting in part).

I join the concurrence/dissent of Justice GILBERT.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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