Minnesota Legislature
HF 3469
as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:43am
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A bill for an act
relating to civil actions; providing time limit for appealing decisions of a
governing body or board of adjustment to district court; permitting the posting of
a bond for an appeal to Court of Appeals in certain cases; amending Minnesota
Statutes 2008, section 462.361, subdivision 1, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 462.361, subdivision 1, is amended to read:
Subdivision 1.
Review of action.
deleted text begin Anydeleted text end new text begin A new text end person aggrieved by an ordinance, rule,
regulation, decision or order of a governing body or board of adjustments and appeals
acting deleted text begin pursuant todeleted text end new text begin under new text end sections 462.351 to 462.364 may have deleted text begin suchdeleted text end new text begin thenew text end ordinance, rule,
regulation, decisionnew text begin ,new text end or orderdeleted text begin ,deleted text end reviewed by deleted text begin an appropriate remedy indeleted text end the district courtdeleted text begin ,deleted text end
subject to deleted text begin the provisions ofdeleted text end this section. new text begin The appeal must be filed with the district court
within 180 days of the final decision of the governing body or board of adjustments and
appeals.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section applies to a final decision
made before, on, or after the effective date of this act. If a final decision was made before
the effective date, an appeal must be filed within 180 days of the effective date.
new text end
Sec. 2.
Minnesota Statutes 2008, section 462.361, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Bond upon appeal. new text end
new text begin
(a) For purposes of this subdivision, "approval" means
the approval by the governing body or board of adjustments and appeals of a rezoning,
conditional use permit, variance, planned unit development, preliminary or final plat, site
plan, or similar zoning or subdivision type approval.
new text end
new text begin
(b) The district court may order a party who does not prevail in an action under this
section challenging an approval of a board of adjustments and appeals or a governing
body to post a bond, in an amount approved by the district court, as security for the costs
of the appeal, and the obedience to and satisfaction of the order or judgment that the
appellate court may give if the order or judgment, or any part of it, is affirmed or the
appeal is dismissed. After a final decision by the Court of Appeals or Supreme Court,
a motion may be made to the district court for disposition of the bond. A party may
not be ordered to post a surety bond, damages bond, or other bond for costs not related
to the direct costs of the appeal.
new text end