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MERRIAM PARK COMMUNITY COUNCIL, INC. v. McDONOUGH

No. 43639.

210 N.W.2d 416 (1973)

MERRIAM PARK COMMUNITY COUNCIL, INC., et al., Appellants, John Nagy, Plaintiff, v. Michael J. McDONOUGH, Respondent, City of St. Paul, Minnesota, et al., Respondents.

Supreme Court of Minnesota.

September 14, 1973.

Attorney(s) appearing for the Case

Vincent, P. Courtney, Raymond W. Faricy, Jr., St. Paul, for appellants.

John E. Daubney, St. Paul, for McDonough.

Kenneth J. Fitzpatrick, City Atty., Paul F. McCloskey, Jr., Asst. City Atty., St. Paul, for City of St. Paul.

Heard before KNUTSON, C. J., and OTIS, KELLY, and GILLESPIE, JJ.

PER CURIAM.

This is an appeal from a judgment of the district court upholding the actions of the St. Paul City Council in granting zoning code variances to defendant Michael J. McDonough to permit the construction of a 32-unit apartment building. Plaintiffs, a neighborhood nonprofit corporation and individuals who own property in the immediate vicinity of the proposed site, brought a declaratory judgment action praying that the action of the city council in granting...

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