[Download] "Hans Hagen Homes, Inc. v. City of Minnetrista" by Supreme Court of Montana * Book PDF Kindle ePub Free

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eBook details

• Title: Hans Hagen Homes, Inc. v. City of Minnetrista
• Author : Supreme Court of Montana
• Release Date : January 15, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

This appeal presents the question of whether a citys failure to timely provide to an applicant a written statement of the reasons for the denial of a request regarding zoning, as required by subdivision 2(c) of Minn. Stat. § 15.99 (2004), triggers the automatic approval penalty for the failure of a city to timely "deny a request," as provided in subdivision 2(a) of that section. Respondent Hans Hagen Homes, Inc. submitted a written application to appellant City of Minnetrista, requesting (1) rezoning of 220 acres of land and (2) an amendment to the Citys Comprehensive Plan. Hagen commenced a mandamus action against the City, claiming that although the City denied the request before the response deadline, it failed to provide to Hagen a written statement of the reasons for denial before the response deadline. Both parties moved for summary judgment. The district court granted Hagens motion and the court of appeals affirmed. Hans Hagen Homes, Inc. v. City of Minnetrista, 713 N.W.2d 916, 923 (Minn. App. 2006), rev. granted (Minn. July 19, 2006). We reverse.

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