NORTHWESTERN COLLEGE v. CITY OF ARDEN HILLS

No. 48736.

281 N.W.2d 865 (1979)

NORTHWESTERN COLLEGE, etc., Appellant, v. CITY OF ARDEN HILLS, et al., Respondents, and Arden Hills No. 3 Association, etc., Intervenor, Respondent.

Supreme Court of Minnesota.

July 20, 1979.


Attorney(s) appearing for the Case

Dorsey, Windhorst, Hannaford, Whitney & Halladay, Thomas S. Erickson, William J. Hempel, and Edward Pluimer, Minneapolis, for appellant.

Jardine, Logan & O'Brien and Pierre N. Regnier, St. Paul, for City of Arden Hills et al.

Leander G. Lippert & Associates, P.A., Minneapolis, for Arden Hills No. 3 Association et al.

Heard before PETERSON, SCOTT, and KENNEDY, JJ., and considered and decided by the court en banc.


PETERSON, Justice.

Plaintiff, Northwestern College (Northwestern), initiated this action in the Ramsey County District Court, seeking a declaratory judgment that the decision of defendant city of Arden Hills denying its application for a special-use permit to build a fine arts center was arbitrary, capricious, and void. The district court declared the denial of the permit proper in all respects. We reverse.

Northwestern is a private Christian college with...

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