In re Application of Skyline Materials, Ltd. for Zoning Variance

Skyline Materials applied for a variance from the setback requirements of Houston County’s zoning ordinance. The County granted the variance. Respondents, owners of property that was adjacent to the property owned by Skyline, sought to exercise their statutory right of appeal. The parties, however, disagreed as to the proper method of service. The district court concluded that Minn. R. Civ. P. 5.02, rather than Minn. R. Civ. P. 4.03, controlled, and therefore, the court had jurisdiction over Respondents’ appeal. The Supreme Court reversed, holding that Respondents were required to effect service pursuant to Rule 4.03, and because they did not do so, the district court lacked jurisdiction to hear their appeal. Remanded for dismissal.

In re Application of Skyline Materials, Ltd. for Zoning Variance