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METRO 500, INC. v. CITY OF BROOKLYN PARK

No. 43257.

211 N.W.2d 358 (1973)

METRO 500, INC., Appellant, v. CITY OF BROOKLYN PARK, Respondent.

Supreme Court of Minnesota.

September 21, 1973.

Attorney(s) appearing for the Case

O. C. Adamson, II, and J. Richard Bland, Minneapolis, Robert J. Miller, Robbinsdale, for appellant.

Howard, LeFevere, Lefler, Hamilton & Pearson, and Curtis A. Pearson, and J. Dennis O'Brien, Minneapolis, for respondent.

Reconsidered on the record en banc.

KELLY, Justice.

Plaintiff brought this action for a mandatory injunction to compel the city of Brooklyn Park to issue a special-use permit for the construction of a gasoline filling station on commercially zoned property. The district court refused to grant the injunction and plaintiff appealed.

The principal issue is whether the municipality acted arbitrarily and unreasonably in the denial of the special-use permit...

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