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Minnesota Supreme Court to hear annex case


 
The Minnesota Supreme Court will grant Midway Township and the City of Duluth a review of the Court of Appeals decision to allow the annexation of 92 acres in Midway into Proctor.

The notice came around 2 p.m. Wednesday, June 27.

Midway and Duluth are appealing the Minnesota Court of Appeals' three-judge panel's unanimous decision in April that the District Court erred when its judge overruled an order by the Office of Administrative Hearing's Chief Administrative Law Judge allowing the annexation of 92 acres owned by siblings George Hovland III and Julie Ann Savalas into Proctor.

Proctor City Attorney John Bray said he was surprised by the decision to hear the appeal but added "it does have a statewide impact and it gives the court the opportunity to clarify the law."

Midway and Duluth submitted their formal petition for review shortly before the May 9 deadline.

The Supreme Court reviews petitions in approximately 700 cases a year and accepts review in about 10 to 12 percent of cases from the Minnesota Court of Appeals.

It was 40 years ago in June that Gloria Hovland, mother of the siblings, and a group of Midway property owners proposed annexing 480 acres of their property into Proctor.
 

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