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<br />Zoning Bulletin <br /> <br />was an "agency" under the plain language of Mirin. Stat. S 15.99, subd. ("\. <br />3(f). That statute provided that an "agep.cy [could] extend the time limit } <br />[to approve or deny the subdivision] ...." It defined "agency" as includ- <br />ing a "county." TheESD was a department within the county. <br />Finally, the court helq that the Commission had the power to deny. <br />the application and therefore the denial was effective. Neither state stat- <br />ute (Minn. Stat, S 394.30, subd. 5) nor the Ordinance limited the Com- <br />mission's power......,..as CWL had argued-to only approve applications, <br />not to deny them. The fact that the Commission could be empowered <br />under that statute to approve subdivisions did not prevent the county <br />from delegating power to the Commission to deny plat applications. <br />"The authority to approve 'some or all categories' necessarily includes <br />the authority to not approve 'soine or all categories,' that is, to deny." <br />The term "approve" included the authority to deny. "[F]or [the Commis- <br />sion's] authority to act to have any meaning, it would necessarily have to <br />encompass both authority to approve and authority to deny." <br />Finding the Commission had the authority to deny CWL's application <br />and that the Commission denied CWL'S application within the statutory . <br />60-day time period, the court concluded that the Commission timely de- <br />nied CWL's subdivision application. <br /> <br />See also: Oahe Conservancy Subdistrict v. Janklow, 308 N. W.2d 559 () <br />. (S.D. 1981). <br /> <br />Case Note: The court assumed, without deciding, that a subdivision <br />application such as CWL's constituted a "written request relating to <br />zoning" within the meaning of the 60-day rule (Minn. Stat. S 15.99,. <br />subd. 2(a)). <br /> <br />Current and Conflicting Regulations-County <br />amends zoning ordinance and fails to publish <br />notice of amendment for nine months <br /> <br />Challengers argue amendment is preempted by state law and <br />invalid far failure ta timely publish notice <br /> <br />Citation: Ramsey County Farm Bureau v. Ramsey County, 2008 ND <br />.. 175,755 N. W.2d 920 (N.D. 2008) <br /> <br />NORTH DAKOTA (09/23/08)-1n 2004, The Ramsey County <br />Board of County Commissioners (the "County") adopted an ordinance, <br />Amendment #1 to the Ramsey County Zoning Ordinance. for Anlmal <br /> <br />C) <br /> <br />6 <br /> <br />@ 2008 . Thomson ReuterslWest <br /> <br />68 <br />