Minnesota Statutes 360.072 – Judicial Review
Subdivision 1.Appeal.
Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or of any action of the commissioner taken under section 360.063, subdivisions 6 or 6a, or any governing body of a municipality or county, or any joint airport zoning board, which believes that a decision of a board of adjustment or action of the commissioner is illegal may appeal in accordance with chapter 14.
Subd. 2.
Terms Used In Minnesota Statutes 360.072
- Airport: means any area of land or water, except a restricted landing area, which is designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, surfacing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established. See Minnesota Statutes 360.013
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the commissioner of transportation of the state of Minnesota. See Minnesota Statutes 360.013
- Governing body: means the council, board of trustees, board of commissioners, board of supervisors, or other body, board, commission, or other authority charged with governing any municipality, and in municipalities in which the board of park commissioners or other body in charge of the park system of the municipality controls airports owned by the municipality includes such board or other body. See Minnesota Statutes 360.013
- Municipality: means a city of any class, including a city organized under a charter framed pursuant to the Constitution of the state of Minnesota, article IV, section 36, article XI, section 4, or article XII, section 5, a county, a town, or a statutory city in this state, the regents of the University of Minnesota, and any other political subdivision, public corporation, authority, or district in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities. See Minnesota Statutes 360.013
- Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. See Minnesota Statutes 360.013
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Structure: means any object constructed or installed, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. See Minnesota Statutes 360.013
- this state: means the state of Minnesota. See Minnesota Statutes 360.013
Terms Used In Minnesota Statutes 360.072
- Airport: means any area of land or water, except a restricted landing area, which is designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, surfacing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established. See Minnesota Statutes 360.013
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the commissioner of transportation of the state of Minnesota. See Minnesota Statutes 360.013
- Governing body: means the council, board of trustees, board of commissioners, board of supervisors, or other body, board, commission, or other authority charged with governing any municipality, and in municipalities in which the board of park commissioners or other body in charge of the park system of the municipality controls airports owned by the municipality includes such board or other body. See Minnesota Statutes 360.013
- Municipality: means a city of any class, including a city organized under a charter framed pursuant to the Constitution of the state of Minnesota, article IV, section 36, article XI, section 4, or article XII, section 5, a county, a town, or a statutory city in this state, the regents of the University of Minnesota, and any other political subdivision, public corporation, authority, or district in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities. See Minnesota Statutes 360.013
- Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. See Minnesota Statutes 360.013
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Structure: means any object constructed or installed, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. See Minnesota Statutes 360.013
- this state: means the state of Minnesota. See Minnesota Statutes 360.013
[Repealed, 1983 c 247 s 219]
Subd. 3.
[Repealed, 1983 c 247 s 219]
Subd. 4.
[Repealed, 1983 c 247 s 219]
Subd. 5.
[Repealed, 1983 c 247 s 219]
Subd. 6.Allowance of costs.
Costs shall not be allowed against the board of adjustment or the commissioner unless it appears to the court that the board or the commissioner acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.
Subd. 7.Unconstitutional taking; application to other real property.
In any case in which airport zoning regulations adopted under sections 360.011 to 360.076, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the Constitution of the United States, such holding shall not affect the application of such regulations as to other structures and parcels of land.