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NORTHWEST RESIDENCE v. CITY OF BROOKLYN CTR.

Nos. C7-83-1290, C1-83-1379.

352 N.W.2d 764 (1984)

NORTHWEST RESIDENCE, INC., Petitioner, Appellant (C1-83-1379), and Rita Smith, et al., Petitioners, Appellant (C7-83-1290), v. The CITY OF BROOKLYN CENTER, Respondent.

Court of Appeals of Minnesota.

June 19, 1984.

Attorney(s) appearing for the Case

Thomas Bennett Wilson, III, Edina, for appellant (C1-83-1379).

Susan L. Lentz, Eric Janus, Legal Aid Society of Minneapolis, Inc., Minneapolis, for appellant (C7-83-1290).

Richard J. Schiefer, James J. Thomson, Jr., LeFevere, Lefler, Kennedy, O'Brien & Drawz, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Mary Ann Bernard, Sp. Asst. Atty. Gen., St. Paul, for amici curiae, Leonard W. Levine, Commissioner of Public Welfare, Sister Mary Madonna Ashton, Commissioner of Health.

Heard, considered and decided by SEDGWICK, P.J., and PARKER and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

This is an appeal from a district court order denying a writ of mandamus to compel the City of Brooklyn Center to issue a special use permit for a group home for eighteen mentally ill adults. The appellants, whose cases have been consolidated for appeal, are Northwest Residence, Inc., a corporation that wants to open the group home, and five mentally ill persons who want to reside there.

The Brooklyn Center City Council denied...

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