The Supreme Court has added an argument day next week – the last argument of the term – to hear the Lakeland/DNR variance approval case. Here is the issue summary from the Court:
On appeal to the supreme court, appellants raise three issues: (1) does the 60-day rule found in Minn. Stat. § 15.99, subd. 2 (2008), apply to a contested case hearing governed by the Administrative Procedures Act; (2) does a contested case hearing toll the 60-day rule and when does such tolling end; and (3) did the administrative law judge’s notice that the Commissioner had 90 days to issue a decision extend the 60-day deadline under Minn. Stat. § 15.99, subd. 3(f) (2008).
I have not read the briefs yet, but issue #3 sounds like the main event here. Argument is set for 9 AM, Wednesday, June 10 in Courtroom 300 of the Judicial Center.