|S.F. No. 1130 - Board of Adjustments Appeals and
|Author:||Senator Thomas Bakk|
|Prepared by:||Kathleen Pontius, Senate Counsel (651/296-4394)|
|Date:||March 26, 2009|
Section 2 specifies that an appeal from a decision of a governing body or Board of Adjustments and Appeals related to various zoning or land use decisions must be filed with the district court within 60 days of the final decision. This would apply to a final decision made before, on, or after the effective date, provided that if a final decision was made before the effective date, an appeal must be filed within 60 days of the effective date.
Section 3 provides that if a person who does not prevail in a district court action challenging an approval of a Board of Adjustments and Appeals or governing body appeals the district court decision, the person must post a bond. The bond would be in an amount approved by the district court as security for costs of the appeal and damages that may be sustained in consequence of the appeal. After a final decision on appeal, a motion may be made to the district court for disposition of the bond.
Section 4 amends the definition of "public participation" under the SLAPP law (Strategic Lawsuits Against Public Participation). Language is added specifying that public participation does not include a court action, claim, or pleading seeking reversal or modification of government action. A copy of the SLAPP law is attached.
Section 5 amends the immunity provision of the SLAPP law to strike a reference to lawful conduct or speech and replace it with the defined term, "public participation."
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