2005 Minnesota Statutes

     430.031 Appeals from pedestrian mall ordinances. 

    Subdivision 1.    Limitation of actions.  No action may 
 be commenced or maintained, and no defense interposed, 
 questioning the validity, regularity, or legality of all or part 
 of a pedestrian mall ordinance, or an amendment, to it adopted 
 by a city of the first class under section 430.011, subdivision 
 3 or 13 except by an appeal to the district court of the county 
 in which the city is located within 20 days after the final 
 adoption and publication of the ordinance or amendment.  

    Subd. 2.    Appeals authorized.  An appeal under this 
 section may be commenced and maintained on the grounds that the 
 ordinance is unreasonable or arbitrary or unlawfully obstructs 
 the public use and interest in a street or part of a street 
 named in the ordinance or takes or interferes with the 
 appellant's property without due process of law, or on any other 
 lawful grounds.  An appeal under this section may be taken by a 
 citizen or taxpayer of the city or a person whose property is or 
 may be taken or interfered with without due process of law by 
 reason of the enactment or enforcement of the ordinance.  

    Subd. 3.    Proceedings on appeal.  An appeal under this 
 section may be made by serving a written notice on the city 
 clerk setting forth the grounds for the appeal and any property 
 the appellant claims to be taken or interfered with.  The city 
 clerk shall make out and send to the court administrator of the 
 district court (1) a certified copy of the ordinance, (2) if not 
 previously filed, a certified copy of the award of the 
 commissioners as confirmed by the council, and (3) the order of 
 the council confirming the award in any improvement proceeding 
 connected with the ordinance.  No other pleadings are required.  
 No surety bond is required except upon motion of the city under 
 chapter 562. 

    Subd. 4.    Effect of appeal.  An appeal under this 
 section suspends the ordinance until the action is determined by 
 a final order of the court.  The court shall advance the case on 
 its calendar for trial at the earliest feasible date.  An appeal 
 from a district court judgment in the action must be taken 
 within 30 days after notice of entry of the judgment.  A party 
 may apply to the Court of Appeals for an order fixing the time 
 and manner of hearing the appeal; the court may provide for a 
 speedy hearing. 

    HIST: 1963 c 504 s 12; 1976 c 239 s 44; 1983 c 247 s 155; 
 1Sp1986 c 3 art 1 s 82; 1987 c 229 art 9 s 1