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01-27-2020 Council Packet
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01-27-2020 Council Packet
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TO: Civil Attorneys at Campbell Knutson <br />FROM: Leah Koch <br />DATE: January 13, 2020 <br />RE: Updated analysis of Schulz v. Town of Duluth <br />The Minnesota Supreme Court, has upheld a city's authority to enact, via the City Code, the <br />ability to limit the time to appeal City's zoning decisions to the district court. In a footnote, the <br />court says that the city ordinance's 30 -day limit on appeals is enforceable. <br />Cities should consider modifying their ordinances to limit time to appeal city decisions. These <br />ordinances should not be silent on issues of time limits for judicial review and the requirement of <br />service. <br />Please, let us know how we can help make these changes to the city code. <br />Draft Ordinance <br />All decisions made by the City regarding zoning shall be final, except that any aggrieved <br />person shall have the right to appeal within thirty (30) days after delivery of the decision to <br />the appellant, to the District Court in County. Any person seeking judicial review <br />under this ordinance must serve the City and all necessary parties, including any landowners, <br />within the 30 -day period defined above. <br />#206923vl <br />
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