Cited by
Opinions in Minnesota that cite In Re Livingood, 594 N.W.2d 889.
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In re the Estate of Gordon Jaenisch, Deceased, and In re the Estate of MaryAnn Shirley Jaenisch, Deceased.
Minn. Ct. App. 2025
Plowman, d at 583; - 96 (Minn. 1999); 301 Clifton Place L.L.C. v. 301 Clifton Place Condo.
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In Re the Marriage of:
Minn. Ct. App. 2025
(affirming the denial of a motion to correct the record filed after the case was submitted to oral argument as untimely).
- In re Resolution Denying Stoick Creek, LLC's Application for a Second Driveway Minn. Ct. App. 2023
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In re Resolution Denying Stoick Creek, LLC's Application for a Second Driveway
Minn. Ct. App. 2023
See, -33 (Minn. 2010); -33 (Minn. 2008)
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A19-0118 A19-0124 A20-1271 A20-1380 A20-1385
Minn. 2023
And we have warned that “[g]overnmental bodies must take seriously their responsibility to develop and preserve a record that allows for meaningful review by appellate courts.” In re Livingood
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In the Matter of the Application of Jim Goodpaster and Sherry Timmermann Goodpaster for a Conditional Use Permit.
Minn. Ct. App. 2023
Denial of a CUP is not reasonable if the evidence establishes “that all of the standards specified by the ordinance as a condition to granting the permit have been met.” (stating that denial of a special-use permit which meets the requirements set by ordinance would be arbitrary); see 6 also (reaffirming that denying a permit with insufficient evidence is arbitrary or capricious).
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In re: County Board action notice on interim use permit request to operate a kennel on Parcel Number …
Minn. Ct. App. 2022
“Gover nmental bodies must take seriously their responsibility to develop and preserve a record that allows for meaningful review by appellate courts.”
- Almir Puce, Appellant, Minn. Ct. App. 2022
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A18-1953 A18-1958 A18-1959 A18-1960 A18-1961
Minn. 2021
(denying a motion to supplement based in part on the agency’s representation that the record on appeal was complete).
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In re the Marriage of: Helena Koivu, petitioner, Respondent,
Minn. Ct. App. 2021
-96 (Minn. 1999) (quotation omitted).
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Dennis Leinen, Relator,
Minn. Ct. App. 2018
See, -92, 895 (Minn. 1999) (remanding for issuance of conditional-use permit where record did not support findings in decision denying permit).
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In re Complaint Brought on Behalf of Student 1 and All Students in the Functional Skills Program at …
Minn. Ct. App. 2017
“Governmental bodies must take seriously their responsibility to develop and preserve a record that allows for meaningful review by appellate courts.”
- Bio Wood Processing, LLC, Relator v. Rice County Board of Commissioners Minn. Ct. App. 2015
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Bio Wood Processing, LLC, Relator v. Rice County Board of Commissioners
Minn. Ct. App. 2015
d 889, 893 n.3 (Minn. 1999) (stating that in reviewing a county board’s decision to deny a permit, an appellate court “should .
- 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
“[W]hen a governmental body denies a permit with such insufficient evidence that the decision is arbitrary and capricious, the court should order issuance of the permit.”
- State v. Williams 842 N.W.2d 308 Minn. 2014
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State v. Williams
842 N.W.2d 308
Minn. 2014
(finding that this court could not provide meaningful review of a conviction when no record of the trial was available); (“Governmental bodies must take seriously their responsibility to develop and preserve a record that allows for meaningful, review by appellate courts.”).
- KRUMMENACHER v. City of Minnetonka 783 N.W.2d 721 Minn. 2010
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KRUMMENACHER v. City of Minnetonka
783 N.W.2d 721
Minn. 2010
In cases where a variance has been denied, the general rule is that “[i]f the zoning authority’s decision is *733 arbitrary and capricious, the standard remedy is that the court orders the permit to be issued.” Stadsvold, d at 332
- Big Lake Ass'n v. Saint Louis County Planning Commission 761 N.W.2d 487 Minn. 2009
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Big Lake Ass'n v. Saint Louis County Planning Commission
761 N.W.2d 487
Minn. 2009
For example, we have noted that when a county zoning authority makes a decision on a conditional use permit, the reviewing court typically should “confine itself at all times to the facts and circumstances developed before that body.” , 893 n. 3 (Minn.1999) (internal quotation marks omitted).
- In Re Stadsvold 754 N.W.2d 323 Minn. 2008
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In Re Stadsvold
754 N.W.2d 323
Minn. 2008
See generally VanLandschoot, d at 508 .
- In Re the Claim for Benefits by Jerve 749 N.W.2d 404 Minn. Ct. App. 2008
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In Re the Claim for Benefits by Jerve
749 N.W.2d 404
Minn. Ct. App. 2008
893 n. 3 (Minn.1999) (stating that if decision-making body states reasons for quasi-judicial decision, review will be limited to legal sufficiency and factual basis for those reasons).
- In Re Block 727 N.W.2d 166 Minn. Ct. App. 2007
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In Re Block
727 N.W.2d 166
Minn. Ct. App. 2007
“Typically, when a quasi-judicial body such as a county board denies a permit, the reviewing court ‘should, of course, confine itself at all times to the facts and circumstances developed before that body.’ ” , 893 n. 3 (Minn.1999).
- In Re the Claims for No-Fault Benefits Against Progressive Insurance Co. 720 N.W.2d 865 Minn. Ct. App. 2006
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In Re the Claims for No-Fault Benefits Against Progressive Insurance Co.
720 N.W.2d 865
Minn. Ct. App. 2006
4 -96 (Minn.1999) (noting that court of appeals may consider documentary evidence not provided to district court if evidence is uncontroverted and supportive of district court’s decision).
- Peterson v. Johnson 720 N.W.2d 833 Minn. Ct. App. 2006
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Peterson v. Johnson
720 N.W.2d 833
Minn. Ct. App. 2006
-96 (Minn.1999) (quotation omitted).
- Thomas A. Foster & Associates, Ltd. v. Paulson 699 N.W.2d 1 Minn. Ct. App. 2005
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Thomas A. Foster & Associates, Ltd. v. Paulson
699 N.W.2d 1
Minn. Ct. App. 2005
Although we may consider extra-record documentary evidence that has conclusive value and that supports the result obtained at the district court, -96 (Minn.1999), such evidence may not serve as the basis for reversing the district court’s decision, Plowman v. Copeland, Buhl & Co.
- Hebrink v. Farm Bureau Life Insurance Co. 664 N.W.2d 414 Minn. Ct. App. 2003
- Hebrink v. Farm Bureau Life Insurance Co. 664 N.W.2d 414 Minn. Ct. App. 2003
- Picha v. County of McLeod 634 N.W.2d 739 Minn. Ct. App. 2001
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Picha v. County of McLeod
634 N.W.2d 739
Minn. Ct. App. 2001
See In re Livin- *742 good, n. 3 (Minn.1999) (stating that when a quasi-judicial body states reasons for its denial, review of its decision “[i]s limited to the legal sufficiency and factual basis for those reasons” (quotation omitted)).
- Hard Times Cafe, Inc. v. City of Minneapolis 625 N.W.2d 165 Minn. Ct. App. 2001
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Hard Times Cafe, Inc. v. City of Minneapolis
625 N.W.2d 165
Minn. Ct. App. 2001
“Governmental bodies must take seriously their responsibility to develop and preserve a record that allows for meaningful review by appellate courts.”
- Interstate Power Co. v. Nobles County Board of Commissioners 617 N.W.2d 566 Minn. 2000
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Interstate Power Co. v. Nobles County Board of Commissioners
617 N.W.2d 566
Minn. 2000
Recently we explained further that “[t]he remands ordered in Earthbumers and White Bear Rod and Gun Club are merely exceptions to the general principle that when a governmental body denies a permit with such insufficient evidence that the decision is arbitrary and capricious, the court should order issuance of the permit.”