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COSTLEY v. CAROMIN HOUSE, INC.

Nos. 81-279, 81-403.

313 N.W.2d 21 (1981)

Mitchell H. COSTLEY, et al., Appellants (81-279), v. CAROMIN HOUSE, INC., Respondent, City of Two Harbors, Respondent, and Lori Marie Osbakken, etc., et al., applicants for intervention, Appellants (81-403).

Supreme Court of Minnesota.

December 11, 1981.

Attorney(s) appearing for the Case

Delaney, Thompson & Solum and John W. Lundquist, Minneapolis, for Costley, et al.

Stephen E. Scott and Eric S. Janus, Developmental Disabilities Advocacy Project, Minneapolis, for Osbakken, etc., et al.

Friedman, Nord & Paulson and Larry M. Nord, Duluth, for Caromin House, Inc.

Donovan, McCarthy, Crassweller, Larson & Magie and Michael W. Haag, Duluth, Kenneth A. Sandvik, City Atty., Two Harbors, for City of Two Harbors.

Warren Spannaus, Atty. Gen., Alan Held and Ellen Dubuque, Sp. Attys. Gen., St. Paul, Stephen Scott and Eric Janus, ARC and North Shore Assoc., Minneapolis, for amicus curiae.

Heard, considered and decided by the court en banc.

SCOTT, Justice.

This is a combined appeal from the denial of a temporary injunction sought by neighbors wishing to prohibit the construction of a home for mentally retarded adults in the City of Two Harbors, Minnesota, and the denial of a timely motion to intervene by four mentally retarded persons by the Lake County District Court. We affirm in part and reverse in part.

Respondent Caromin House, Inc. (Caromin House), a Minnesota corporation entirely owned...

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