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WESTLING v. CITY OF ST. LOUIS PARK

Nos. 40973, 41091.

157 N.W.2d 56 (1968)

Richard J. WESTLING and Marlys J. Westling, plaintiffs, Appellants and Relators, v. CITY OF ST. LOUIS PARK, Minnesota, et al., Defendants, Respondents, and Morris M. Sherman et al., Intervenors, Respondents.

Supreme Court of Minnesota.

March 1, 1968.

Attorney(s) appearing for the Case

Dworsky & Rosen and Paul H. Ravich, St. Paul, for relators and appellants.

H. H. Burry, City Atty., St. Louis Park, for City of St. Louis Park.

O'Connor, Green, Thomas & Walters, Minneapolis, Mullin, Galinson & Swirnoff, Minneapolis, for respondents, Sherman et al.

OPINION

OTIS, Justice.

Plaintiffs seek a writ of mandamus to compel the trial court to order a settled case (41091). Defendants and intervenors resist the petition and in addition move to dismiss plaintiffs' appeals from two orders denying a new trial (40973).

These proceedings arise out of an action seeking a declaratory judgment compelling the city of St. Louis Park to issue plaintiffs a permit to erect an apartment building in an area zoned for...

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