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SYLLABUS <br /> <br /> When a zoning applicant amends its request to rezone property, the 60-day period <br />set out in Minn. Stat. § 15.99 (2002) runs from the date of the written amendment, not <br />from the date of the original application. <br /> <br /> OPINION <br /> <br />FORSBERG, Judge <br /> <br /> Appellant Tollefson Development, Inc. brought this action seeking mandamus, <br />damages, and declaratory relief against respondent City of Elk River after the city denied <br />its application for rezoning and a preliminary plat. The district court granted summary <br />judgment to the city and rejected Tollefson's claim that its rezoning application was <br />automatically approved because it was not granted or denied within 60 days as required <br />by Minn. Stat. § 15.99 (2002). <br /> <br /> On appeal, this court allowed the Association of Minnesota Counties (AMC) to <br />file an amicus brief in support of the city's position that Tollefson is not entitled to <br />automatic approval, either because it amended its application or because it requested a <br />continuance. Because the 60-day period runs from the date of a written application <br />related to zoning, it must be construed in this case to run from the date of a letter from <br />Tollefson to the city in which Tollefson confirmed that it was amending its initial <br />application. We therefore affirm the grant of summary judgment to the city. <br /> <br />2 <br /> <br /> <br />