ELR Citation: ELR 20170
No(s). 210 1/2 (Minn. Aug 18, 1972)

The decision of the trial court, 1 ELR 20073, granting a variance from a regulatory standard is reversed. Although a trial court can properly conclude that a state agency's regulation is invalid as applied, it cannot compel the negotiation of a variance. The court must relinquish the matter to the state agency. The state agency's regulation became effective when filed in compliance with statutory requirements, and subsequent federal adoption did not change the effective date. The present appeal is timely because the affected party was not served a copy of the regulation by the state agency with the requisite intent.

Counsel for Appellant
Jerome D. Truhn Solicitor General
Lane C. Fridell Special Assistant Attorney General
160 State Office Bldg.
Saint Paul, MN 55101

Counsel for Appellee
Edward T. Fride
C. Byron Halje
Sullivan, Hanft, Hastings, Fride and O'Brien
1200 Alworth Bldg.
Duluth, MN 55801

Heard and considered en banc.