2005 Minnesota Statutes - 414.07 — Appeals.

     414.07 Appeals. 


    Subdivision 1.    Orders, time limit.  All orders in 
 proceedings under this chapter shall be issued within one year 
 from the date of the day of the first hearing thereon provided 
 that the time may be extended for a fixed additional period upon 
 consent of all parties of record.  Failure to so order shall be 
 deemed to be an order denying the matter.  An appeal may be 
 taken from such failure to so order in the same manner as an 
 appeal from an order as provided in subdivision 2. 


    Subd. 2.    Grounds for appeal.  (a) Any person 
 aggrieved by any order issued under this chapter may appeal to 
 the district court upon the following grounds: 


    (1) that the order was issued without jurisdiction to act; 


    (2) that the order exceeded the orderer's jurisdiction; 


    (3) that the order is arbitrary, fraudulent, capricious or 
 oppressive or in unreasonable disregard of the best interests of 
 the territory affected; or 


    (4) that the order is based upon an erroneous theory of law.


    (b) The appeal shall be taken in the district court in the 
 county in which the majority of the area affected is located.  
 The appeal shall not stay the effect of the order.  All notices 
 and other documents shall be served on both the director and the 
 attorney general's assistant assigned to the director for 
 purposes of this chapter. 


    (c) If the court determines that the action involved is 
 unlawful or unreasonable or is not warranted by the evidence in 
 case an issue of fact is involved, the court may vacate or 
 suspend the action involved, in whole or in part, as the case 
 requires.  The matter shall then be remanded for further action 
 in conformity with the decision of the court. 


    (d) To render a review of an order effectual, the aggrieved 
 person shall file with the court administrator of the district 
 court of the county in which the majority of the area is 
 located, within 30 days of the order, an application for review 
 together with the grounds upon which the review is sought. 


    (e) An appeal lies from the district court as in other 
 civil cases. 


    HIST: 1959 c 686 s 7; 1961 c 645 s 7; 1969 c 1146 s 18; 1975 c 
 271 s 6; 1976 c 239 s 42; 1978 c 705 s 31; 1983 c 247 s 150; 
 1Sp1986 c 3 art 1 s 82; 1994 c 511 s 10; 2002 c 223 s 23