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KOTTSCHADE v. STATE

No. A13-1034.

Franklin P. Kottschade, et al., Appellants, v. State of Minnesota, Department of Transportation, Respondent.

Court of Appeals of Minnesota.

Filed December 23, 2013.

Attorney(s) appearing for the Case

Gary A. Van Cleve, Julie N. Nagorski, Larkin Hoffman Daly & Lindgren Ltd., Minneapolis, Minnesota, for appellants.

Lori Swanson, Attorney General, Richard L. Varco, Jr., Assistant Attorney General, St. Paul, Minnesota, for respondent.

Considered and decided by Halbrooks, Presiding Judge; Larkin, Judge; and Huspeni, Judge.

UNPUBLISHED OPINION

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).

HALBROOKS, Judge.

Appellants challenge the district court's order sustaining respondent's demurrer to a petition for a writ of mandamus, arguing that their driveway-access permit application was deemed approved under Minn. Stat. § 15.99, subd. 2(a) (2012), because their application was "a written...

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