Quinlivan attorney Kenneth Bayliss successfully defended an appeal in the case of Klockmann v. County of Le Sueur, a decision of the Minnesota Court of Appeals handed down on June 22, 2015.
The case involved landowners' claim that the county board's award of a conditional use permit was improper because it reversed an earlier decision. The landowners also contended that the decision was not supported by sufficient evidence and that the ordinance did not permit the use at issue. The Court of Appeals affirmed the county board on all grounds. It held that the county ordinance directly permitted the type of use at issue; that there was sufficient evidence in the record to support the board's decision; and that the board had the inherent right to revisit an earlier decision based on the presentation of additional evidence.