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Hubbard County variance decision to be announced Monday by appeals court

This former resort on 5th Crow Wing Lake has been converted to a Planned Unit Development and will eventually have 11 residences and dock slips. (Sarah Smith / Enterprise)

A long-awaited decision in a Hubbard County variance case will be announced Monday morning, the Minnesota Court of Appeals has announced.

Mutsch vs. Hubbard County pits lake activists against Hubbard County's Board of Adjustment in the 2009 conversion of the former Eagle's Landing Resort into a residential planned unit development on 5th Crow Wing Lake.

Ed Mutsch, a resident of the lake, sued after the BOA granted a variance that allowed the resort 11 dock slips, not the three the county board had previously approved. The district court ruled that the county had violated its own ordinance and vacated the variance.

Developers/resort owners Dan and Donna Rehkamp appealed, contending the Coalition of Lake Associations, which also joined the lawsuit, and residents of the lake have no legal standing to challenge the variance decision.

Friends of the court have entered the fray, contending the public's right to challenge governmental decisions on public resources is a vital part of democracy.

Sarah Smith

Sarah Smith is the outdoors editor. She covers courts, business and breaking news in addition to outdoors events.

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