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LUGER v. CITY OF BURNSVILLE

No. 50321.

295 N.W.2d 609 (1980)

David E. LUGER, Appellant, v. CITY OF BURNSVILLE, Respondent.

Supreme Court of Minnesota.

July 3, 1980.

Attorney(s) appearing for the Case

Peterson, Gray & Sheahan and Warren E. Peterson, St. Paul, for appellant.

Grannis & Grannis, Vance B. Grannis, Jr., Roger N. Knutson, and Thomas M. Scott, South St. Paul, for respondent.

Heard before ROGOSHESKE, SCOTT and WAHL, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

Plaintiff David E. Luger seeks a writ of mandamus compelling the Burnsville City Council to grant a variance allowing him to construct a house on a tract of land in a Burnsville subdivision. The Dakota County District Court denied the writ, concluding that the relevant state statute and the Burnsville city ordinance authorized the city council to grant the variance subject to receipt of consent in writing from all of the abutting property owners. From...

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