SF 2958

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local governmental units; authorizing 
  1.3             persons aggrieved by decisions of certain appointed 
  1.4             multimember bodies to appeal those decisions to the 
  1.5             appointing authorities; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 471. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [471.9901] [DECISIONS OF MULTIMEMBER APPOINTED 
  1.9   BODIES; APPEALS.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.11  section, the following terms have the meanings given them in 
  1.12  this subdivision. 
  1.13     (b) "Appointed multimember body" means a metropolitan 
  1.14  agency as defined in section 473.121, subdivision 5a, or a 
  1.15  multimember body appointed by the governing body of a local 
  1.16  governmental unit and having enforceable authority over zoning 
  1.17  or land use. 
  1.18     (c) "Decision" means an enforceable determination of an 
  1.19  appointed multimember body affecting zoning or land use. 
  1.20     (d) "Person" means an individual, corporation, town, 
  1.21  statutory or home rule city, or county. 
  1.22     Subd. 2.  [APPEALS.] A person aggrieved by a decision of an 
  1.23  appointed multimember body may appeal the decision in writing to 
  1.24  the body's appointing authority.  Within 30 days of receiving 
  1.25  the written notice, the appointing authority shall consider the 
  1.26  appeal at a public hearing convened by the appointing authority 
  2.1   for that purpose.  Both the person filing the appeal and the 
  2.2   appointed multimember body may be represented by counsel and may 
  2.3   submit written and oral testimony.  Within 30 days of the 
  2.4   hearing, the appointing authority shall either uphold the 
  2.5   decision of the appointed multimember body or order that it be 
  2.6   rescinded or modified.  An appeal under this section does not 
  2.7   preclude subsequent use of any legal remedy that might be 
  2.8   available to the aggrieved party.