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O'BRIEN v. CITY OF SAINT PAUL

No. 41458.

173 N.W.2d 462 (1969)

Michael O'BRIEN et al., Respondents, v. CITY OF SAINT PAUL, Respondent, Service to Builders, Inc., et al., Appellants.

Supreme Court of Minnesota.

December 26, 1969.

Attorney(s) appearing for the Case

Hyam Segell, for appellants.

Lewis L. Anderson and R. E. Low, St. Paul, amici curiae.

Firestone, Fink, Krawetz, Miley, Maas & Noonan, St. Paul, for O'Brien.

Joseph P. Summers, City Atty., St. Paul, for City of St. Paul.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and FRANK T. GALLAGHER, JJ.

OPINION

OTIS, Justice.

These proceedings seek to enjoin a rezoning of residential property which would permit the construction of apartment buildings without the consent of adjoining owners required by Minn.St. 462.357, subd. 5, and St. Paul Legislative Code, § 64.06.

The only issue is whether the statute and ordinance are constitutional. Defendants Service to Builders, Inc., and Marvin Perlman appeal from a judgment holding these provisions...

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