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HUBBARD BROADCASTING, INC. v. CITY OF AFTON

No. 81-506.

323 N.W.2d 757 (1982)

HUBBARD BROADCASTING, INC., et al., Appellants, v. CITY OF AFTON, et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied October 5, 1982.

Attorney(s) appearing for the Case

Peterson, Popovich, Knutson & Flynn, Peter S. Popovich and Thomas M. Sipkins, St. Paul, for appellants.

Larkin, Hoffman, Daly & Lindgren, Christopher J. Dietzen and Forrest D. Nowlin, Minneapolis, for respondents.

Heard, considered and decided by the court en banc.

WAHL, Justice.

Appellants brought this declaratory judgment action against the City of Afton (Afton) to review Afton's denial of a special-use permit and to secure the issuance of such a permit for the construction of a satellite station or, in the alternative, a determination that there had been a taking of property without just compensation. The district court concluded that Afton had properly denied appellants' application for legally sufficient reasons supported...

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