Decision by high court could have bearing on Hubbard County garage
A decision by the Minnesota Supreme Court Wednesday could have a bearing on a variance appeal in Hubbard County over a $400,000 garage.
The court ruled in a Houston County zoning case that the party trying to appeal an adverse decision didn’t follow the proper procedures and that their case should be dismissed.
In the case of David and Karen Hagert, who live on Deer and Shallow Lakes, their attorney did not follow the same procedures.
But Hubbard County Attorney Don Dearstyne said that doesn’t mean the case will be dismissed.
The court could remand the case back to the District Court, where Hagerts lost, or distinguish it from the Skyline case in Houston County.
Skyline Materials had applied for a setback variance that was granted. Their neighbors appealed. The Supreme Court ruled that the technical way the neighbors appealed didn’t comport with the Rules of Civil Procedure, so it remanded their case to the Houston County District Court for a dismissal.
The court withheld a decision on Hagerts appeal, saying since the two cases were nearly identical, a decision in the first case (Skyline) would likely determine the outcome of the second case (Hagerts).
Hagerts’ attorney, Joel Fremstad, did not return a call seeking comment by press time Friday morning.