PROPERTY RES. AND DEV. CO. v. CITY OF EAGAN

No. 49930.

289 N.W.2d 157 (1980)

PROPERTY RESEARCH AND DEVELOPMENT COMPANY, Respondent, v. CITY OF EAGAN et al., Appellants.

Supreme Court of Minnesota.

January 25, 1980.


Attorney(s) appearing for the Case

Paul H. Hauge and Kevin W. Eide, Eagan, for appellants.

Smith, Juster, Feikema, Malmon & Haskvitz and Wyman Smith, Minneapolis, for respondent.

Heard before OTIS, TODD, and YETKA, JJ., and considered and decided by the court en banc.


OPINION

TODD, Justice.

Plaintiff is the owner of a 40-acre tract of land located in the city of Eagan. The land is zoned R4 apartment. In the spring of 1978, plaintiff sought approval of a preliminary plat of 15 acres of the tract for construction of single-family dwellings. (R-1 zoning) At that time, the R-4 zoning permitted the construction of single-family dwellings. The city council denied the plat approval...

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