STATE OF MINNESOTA

IN SUPREME COURT

C2-98-262

In the Matter of Russ Livingood.

O R D E R

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the petition of Renville County for further review of the unpublished decision of the Court of Appeals filed August 25, 1998, reversing the denial of respondent's application for a conditional use permit and remanding with directions to issue the permit be, and the same is, granted for the limited purpose of modifying the remand to allow the board to articulate the information considered and the reasons for its decision. While, as a general rule, we are “reluctant to allow local boards an opportunity after the fact to substantiate or justify earlier decisions,” Earthburners, Inc. v. County of Carlton, 513 N.W.2d 460, 463 (Minn. 1994), in the present case there is no record of the proceedings before the county board because of a recording system malfunction. However, to prevent any unfairness to the applicant, the board must confine its findings and explanation for its decision to that which was considered in earlier proceedings before the county board. Id.

Dated: 10/29/98

BY THE COURT:

 

/s/ Kathleen A. Blatz
Chief Justice

PAGE, J. took no part in the consideration or decision of this case.

D I S S E N T

GILBERT, Justice (dissenting).

I respectfully disagree with the majority's conclusion that this case should be remanded.