Cited by
Opinions in Minnesota that cite Barton Contracting Co., Inc. v. City of Afton, 268 N.W.2d 712.
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Patrick A Lease, et al., Appellants,
Minn. Ct. App. 2026
Our function is “not to weigh the evidence, but to review the record to determine whether there was legal evidence to support the zoning authority’s decision.”
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Appeal of James W. Bush and Linda D. Dear, tenants, to a Rent Stabilization Determination at 1391 Hazelwood …
Minn. Ct. App. 2025
(“The basic rights of procedural due process required in [quasi-judicial] case[s] are reasonable notice of hearing and a reasonable opportunity to be heard.”).
- In re Defense and Indemnification of Alexander Vladimir Brown Minn. Ct. App. 2025
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In re Defense and Indemnification of Alexander Vladimir Brown
Minn. Ct. App. 2025
But Minnesota courts have consistently recognized that the basic rights of procedural due process required in quasi-judicial proceedings such as this are satisfied by “reasonable notice of hearing and a reasonable opportunity to be heard.” see also Mathews, 424 U.S. at 348 (“The essence of due process is the requirement that a person in jeopardy of serious loss be given notice of the case against him and opportunity to meet it.” (quotation omitted)).
- In the Matter of the Application of Dairy Ridge, LLC, for a Conditional Use Permit. Minn. Ct. App. 2025
- A23-1050 Minn. Ct. App. 2024
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State of Minnesota, by Spring Valley Friends, LLC, et al., Appellants,
Minn. Ct. App. 2023
V; Minn. Const. art. I, § 7; -17 (Minn. 1978) (analyzing whether a corporate entity’s procedural due process rights were violated).
- Thomas Behrends, Appellant, Minn. Ct. App. 2022
- In the Matter of the Application of USS Great River Solar LLC for an Interim Use Permit. Minn. Ct. App. 2022
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In the Matter of the Application of Impact Power Solutions, LLC and MN CSG 2019-29 LLC for a …
Minn. Ct. App. 2022
Hubbard Broad., Inc., d at 762-63 (affirming denial of permit for satellite station based on incompatibility between proposed use and municipa lity’s comprehensive plan); see also Barton Contracting Co. v. City of Afton , 7-18 (Minn. 1978) (determining that municipality had legally sufficient reason to deny permit to mine gravel based on inconsistency with land-use plan).
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In the Matter of Application Number 2020-006782, Conditional Use Permit.
Minn. Ct. App. 2022
An appellate court’s function in reviewing a land-use decision is “not to weigh the evidence, but to review the record to determine whether there was legal evidence to support the zoning authority’s decision.”
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In the Matter of the Proposed Closing of Rollingstone Community School.
Minn. Ct. App. 2019
(citing Barton Contracting Co., ).
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In the Matter of the Application of Kimberly Baker.
Minn. Ct. App. 2018
“[Q]uasi-judicial proceedings do not invoke th e full panoply of procedures required in regular judi cial proceedings.” Barton Contracting Co., In c. v. City of Afton
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Sno-Barons Snowmobile Club, Inc., Relator,
Minn. Ct. App. 2017
(upholding city’s denial of a CUP even though one of five given reasons was not legally sufficient to support denial).
- Appeal of John Krenik to a Vehicle-abatement order at 1270 Cleveland Avenue. 884 N.W.2d 913 Minn. Ct. App. 2016
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Appeal of John Krenik to a Vehicle-abatement order at 1270 Cleveland Avenue.
884 N.W.2d 913
Minn. Ct. App. 2016
In Barton Contracting Co. v. City of Afton, the supreme court reviewed a city’s denial of a special-use permit and stated: “If the decision-making body does state reasons, review will be limited to the legal sufficiency and factual basis for those reasons.”
- Daniel Gruenstein, Relator v. Regents of the University of Minnesota Minn. Ct. App. 2016
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Daniel Gruenstein, Relator v. Regents of the University of Minnesota
Minn. Ct. App. 2016
decision.” Barton Contracting Co.
- In the Matter of 2014 Class C License Application of Dr. Mohamed El Deeb. Minn. Ct. App. 2015
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In the Matter of 2014 Class C License Application of Dr. Mohamed El Deeb.
Minn. Ct. App. 2015
To satisfy El Deeb’s due process rights, the commission was required only to provide reasonable notice of a hearing and a reasonable opportunity to be heard because “quasi-judicial proceedings do not invoke the full panoply of procedures required in regular judicial proceedings.” Barton Contracting Co., see also In re Class A 7 License Appl.
- In re Application of EOF Investments, LLC. Minn. Ct. App. 2015
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In re Application of EOF Investments, LLC.
Minn. Ct. App. 2015
These basic requirements persist in the land-use context, but “quasi-judicial proceedings do not invoke the full panoply of procedures required in regular judicial proceedings.” Barton Contracting Co., d 712, 716 (Minn. 1978).
- Ogbonna Iwu, Relator v. Minneapolis City Council Minn. Ct. App. 2015
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Ogbonna Iwu, Relator v. Minneapolis City Council
Minn. Ct. App. 2015
Moreover, the supreme court has recognized that where, as here, a municipality acts in a quasi-judicial capacity, those proceedings “do not invoke the full panoply of procedures required in regular judicial proceedings.” Barton Contracting Co.
- Cory Axelson, Relator v. Goodhue County Board of Commissioners Minn. Ct. App. 2015
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Cory Axelson, Relator v. Goodhue County Board of Commissioners
Minn. Ct. App. 2015
Paul, with quasi-judicial proceedings not requiring the “full panoply of procedures” used in “regular judicial proceedings.”
- RDNT, LLC v. City of Bloomington 861 N.W.2d 71 Minn. 2015
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RDNT, LLC v. City of Bloomington
861 N.W.2d 71
Minn. 2015
Upon review of a city’s decision, our function is “not to weigh the evidence, but to review the record to determine whether there was legal evidence to support the zoning authority’s decision.”
- Goerke Family Partnership, Donald Shelstad v. Lac qui Parle-Yellow Bank Watershed District, William Croatt 857 N.W.2d 50 Minn. Ct. App. 2014
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Goerke Family Partnership, Donald Shelstad v. Lac qui Parle-Yellow Bank Watershed District, William Croatt
857 N.W.2d 50
Minn. Ct. App. 2014
See, also, in which we independently examined the action of the local governing body to determine its propriety, rather than merely reviewing the decision of the district court for clear error.
- David Vigstol, Relators v. Isanti County Board of Commissioners Minn. Ct. App. 2014
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David Vigstol, Relators v. Isanti County Board of Commissioners
Minn. Ct. App. 2014
“[T]he simple fact that community members oppose a landowner using his land for a particular purpose is not a legally sufficient reason for denying a special-use permit.” Barton Contracting Co.
- Sawh v. City of Lino Lakes 823 N.W.2d 627 Minn. 2012
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Sawh v. City of Lino Lakes
823 N.W.2d 627
Minn. 2012
See, (stating that quasi-judicial proceedings regarding a special-use permit for property “do not invoke the full panoply of procedures required in regular judicial proceedings”); see also Goss v. Lopez, 419 U.S. 565, 581 , 95 S.Ct.
- Beardsley v. Garcia 731 N.W.2d 843 Minn. Ct. App. 2007
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Beardsley v. Garcia
731 N.W.2d 843
Minn. Ct. App. 2007
716 n. 3 (Minn.1978) (noting that right of cross-examination was waived because transcript contains no indication that any request to cross-examine was made).
- Bartheld v. County of Koochiching 716 N.W.2d 406 Minn. Ct. App. 2006
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Bartheld v. County of Koochiching
716 N.W.2d 406
Minn. Ct. App. 2006
-19 (Minn.App.1986) (concluding that “[t]he simple fact that community members oppose a landowner using his land for a particular purpose is not a legally sufficient reason for denying a special use permit”) (quoting Barton Contracting Co., ).
- In Re the Class a License of North Metro Harness, Inc. 711 N.W.2d 129 Minn. Ct. App. 2006
- In Re the Class a License of North Metro Harness, Inc. 711 N.W.2d 129 Minn. Ct. App. 2006
- Billy Graham Evangelistic Ass'n v. City of Minneapolis 667 N.W.2d 117 Minn. 2003
- Schwardt v. County of Watonwan 656 N.W.2d 383 Minn. 2003
- Schwardt v. County of Watonwan 656 N.W.2d 383 Minn. 2003
- Gun Lake Ass'n v. County of Aitkin 612 N.W.2d 177 Minn. Ct. App. 2000
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Gun Lake Ass'n v. County of Aitkin
612 N.W.2d 177
Minn. Ct. App. 2000
Furthermore, quasi-judicial proceedings, such as considering a CUP application, do not generally invoke “the full panoply of procedures required in regular judicial proeeedings[;]” the applicable rights of due process are “reasonable notice of hearing and a reasonable opportunity to be heard.” Barton Contracting Co.
- Handicraft Block Ltd. Partnership v. City of Minneapolis 611 N.W.2d 16 Minn. 2000
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Handicraft Block Ltd. Partnership v. City of Minneapolis
611 N.W.2d 16
Minn. 2000
In Barton Contracting Co., we acknowledged that “[t]he statements made at such a public hearing [for a conditional use permit], unlike a regular judicial proceeding, are not given under oath and are not limited by the traditional rules of evidence.
- Trisko v. City of Waite Park 566 N.W.2d 349 Minn. Ct. App. 1997
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Trisko v. City of Waite Park
566 N.W.2d 349
Minn. Ct. App. 1997
-18 (Minn.1978) (upholding denial of special use permit to expand operation of gravel pit to adjacent land where the city’s land use plan “is permeated with evidence of a strong desire to preserve the rural character and unique scenic beauty of Afton and the St.
- SuperAmerica Group, Inc. v. City of Little Canada 539 N.W.2d 264 Minn. Ct. App. 1995