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CURRY v. YOUNG

No. 41678.

173 N.W.2d 410 (1969)

David CURRY, et al., Respondents, v. Maurice YOUNG, et al., Defendants, Maurice Young, et al., Respondents, City of Minneapolis, Appellant.

Supreme Court of Minnesota.

December 26, 1969.

Attorney(s) appearing for the Case

Keith M. Stidd, City Atty., Jerome F. Fitzgerald, Asst. City Atty., Minneapolis, for appellant.

Sherman Bergstein, Minneapolis, for David Curry and others.

G. D. Giancola, Minneapolis, for Maurice Young and others.

OPINION

KNUTSON, Chief Justice.

Defendant city of Minneapolis appeals from an order denying its motion for summary judgment in this action brought by plaintiffs as owners of the southerly portion of Lot 14, Block 3, Lowry's First Subdivision of Columbia Heights, to compel the city to grant a setback variance from a zoning ordinance and a building permit to enable plaintiffs to build a dwelling house on the lot.1 The zoning ordinance...

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