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360.072 JUDICIAL REVIEW.
    Subdivision 1. Appeal. Any person aggrieved, or taxpayer affected, by any decision of
a board of adjustment, or of any action of the commissioner taken under section 360.063,
subdivisions 6 or 6a
, or any governing body of a municipality or county, or any joint airport zoning
board, which believes that a decision of a board of adjustment or action of the commissioner is
illegal may appeal in accordance with chapter 14.
    Subd. 2.[Repealed, 1983 c 247 s 219]
    Subd. 3.[Repealed, 1983 c 247 s 219]
    Subd. 4.[Repealed, 1983 c 247 s 219]
    Subd. 5.[Repealed, 1983 c 247 s 219]
    Subd. 6. Allowance of costs. Costs shall not be allowed against the board of adjustment or
the commissioner unless it appears to the court that the board or the commissioner acted with
gross negligence, in bad faith, or with malice, in making the decision appealed from.
    Subd. 7. Unconstitutional taking; application to other real property. In any case in
which airport zoning regulations adopted under sections 360.011 to 360.076, although generally
reasonable, are held by a court to interfere with the use or enjoyment of a particular structure
or parcel of land to such an extent, or to be so onerous in their application to such a structure
or parcel of land, as to constitute a taking or deprivation of that property in violation of the
Constitution of this state or the Constitution of the United States, such holding shall not affect the
application of such regulations as to other structures and parcels of land.
History: 1945 c 303 s 34; 1977 c 236 s 3; 1978 c 674 s 58; 1983 c 247 s 142; 1986 c 444

Official Publication of the State of Minnesota
Revisor of Statutes