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BERGGREN v. TOWN OF DULUTH

No. 50467.

304 N.W.2d 24 (1981)

Gary BERGGREN, et al., petitioner, Appellants, v. TOWN OF DULUTH, Respondent, v. Bruce LINDBERG, d.b.a. Bruce Lindberg Company, intervening respondent, Respondent.

Supreme Court of Minnesota.

April 3, 1981.

Attorney(s) appearing for the Case

Edgerton, Theobald & Abelsen and Dennis O'Brien, Duluth, for appellants.

Stephen Snyder, Diane Hollern, Pamela J. Moset, and J. David Prince, Minneapolis, amicus curiae, for Sierra Club.

John McCabe, Minneapolis, amicus curiae, for Izaak Walton League.

Fryberger, Buchanan, Smith, Sanford & Frederick and Michael Donovan, Duluth, for respondent Town of Duluth.

Halverson, Watters, Bye & Downs and James D. Robinson, Jr., Duluth, for respondent Bruce Lindberg et al.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

Petitioners Gary and Susan Berggren and James and Peg Munger brought an action to enjoin the Town of Duluth from implementing certain provisions of its zoning ordinance. In addition, petitioners sought a judgment declaring the provisions illegal and unenforceable as applied to three sites within the town. The special term court denied petitioners' motion for a temporary injunction and all other relief requested by petitioners. We reverse and remand...

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