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 chief administrative law judge and the attorney general's assistant assigned to the chief administrative law judge 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.
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; 2008 c 196 art 2 s 15
Structure Minnesota Statutes
Chapters 410 - 414 — Cities, Organization
Chapter 414 — Municipal Boundary Adjustments
Section 414.01 — Enabling Provisions For Municipal Boundary Adjustments.
Section 414.011 — Definitions.
Section 414.012 — Filing Of Maps In Boundary Adjustment Proceedings.
Section 414.02 — Exclusive Method Of Municipal Incorporation.
Section 414.031 — Annexing Unincorporated Property; Chief Administrative Law Judge's Order.
Section 414.0325 — Orderly Annexation In Designated Unincorporated Area.
Section 414.033 — Annexation By Ordinance.
Section 414.0333 — Joint Informational Meeting.
Section 414.0335 — If Pca-ordered Governmental Service Extension.
Section 414.035 — Differential Taxation For Up To Six Years.
Section 414.036 — City Reimbursement To Town To Annex Taxable Property.
Section 414.038 — Effect Of Annexation On Township Roads.
Section 414.039 — Effect Of Annexation On Easements.
Section 414.041 — Consolidation Of Municipalities.
Section 414.051 — Townships Of More Than 2,000; Chief Administrative Law Judge Recommendations.
Section 414.06 — Detachment Of Property From A Municipality.
Section 414.061 — Incorporated Land; Concurrent Detachment, Annexation.
Section 414.063 — Part Of Joint Agreements May Be Put In Orders.
Section 414.065 — If State Is Fee Owner Of Proposed Boundary Adjustment Land.
Section 414.067 — Apportioned Assets And Obligations.
Section 414.08 — Chief Administrative Law Judge May Appeal From District Court.