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GOOD NEIGHBOR CARE CENTER v. LITTLE CANADA

No. C0-84-606.

357 N.W.2d 159 (1984)

GOOD NEIGHBOR CARE CENTER, et al., Respondents, v. The CITY OF LITTLE CANADA, et al., Appellants.

Court of Appeals of Minnesota.

November 6, 1984.

Attorney(s) appearing for the Case

K. Craig Wildfang, Wildfang, Rude, McIntosh, Murray, Chartered, Minneapolis, for respondents.

Frederick C. Brown, Larry D. Espel, Fred L. Morrison, Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., Minneapolis, Thomas M. Sweeney, Sweeney, O'Connor & LeMay, St. Paul, for appellants.

Heard, considered and decided by LANSING, P.J., and WOZNIAK and FORSBERG, JJ.

OPINION

LANSING, Judge.

The City of Little Canada appeals from a partial summary judgment declaring a residential facility for the aged to be a permitted use in an R-1 single-family residential district under the City's zoning ordinance and permanently enjoining the City from refusing to issue a building permit. We affirm because the home, although not a permitted use under the Little Canada ordinance, is a permitted single-family use under Minn.Stat. &...

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