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over 5,000 square feet of wetland. Under state law, the maximum amount that <br />the city could have authorized was 400 square feet The city failed to act on <br />Breza's application within the deadline of Minn. Stat. § 15.99. While the court <br />held that the application was approved as a matter of law, it was only approved <br />for the 400 square feet. <br />6. Procedure to approve or deny. In a 60 -day rule case, the Court of Appeals held that <br />a failed motion to approve a penult was not a denial of the application. Therefore, <br />the permit was approved as a matter of law pursuant to the 60 -day rule. Demolition <br />Landfill Services v. City of Duluth, 609 N.W.2d 278 (Minn. App 2000). <br />a. The legislature addressed this issue in the 2003 amendments The statute <br />provides that a rejection of a motion to approve constitutes a denial if those <br />voting against approval "state on the record the reasons why they oppose the <br />request." Minn Stat. § 15.99, subd. 2(b). <br />7. What constitutes a denial. <br />a. In Moreno v. City of Minneapolis, 676 N.W.2d 1 (Minn. App. 2004), the Court <br />held that a zoning application is not approved or denied for purposes of the 60 - <br />day rule until the City has decided all appeals challenging the approval of the <br />zoning application. <br />b In Carda v. Kanabec County, 2007 WL 3343017 (Minn App 2007), the Court of <br />Appeals upheld the notion that rejection of a peuuit as improper, on an <br />administrative level, constituted a denial under the 60 day rule. <br />c. In Mesenbrink Construction v Rice County, 2008 WL 5334251 (Minn. App. <br />2008), the court held that the return of an application that was subject to a <br />moratorium that stated no application of that nature would be processed or <br />approved satisfied the requirement of denial <br />C. Conducting the Public bearing. <br />1. The Open Meeting Law. <br />a. The Open Meeting Law applies to City Council and Planning Commission <br />meetings. <br />b. The definition of a meeting for purposes of the law has been said by the Courts to <br />be a gathering of a quorum or more of the body at which members discuss, <br />decide or receive information as a group on issues relating to the official business <br />of the body. See Moberg v. ISD No. 281, 336 N.W. 2d 510 (Minn. 1983). <br />23 <br />