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APPLE VALLEY RED-E-MIX v. ST. LOUIS PARK

No. C4-84-642.

359 N.W.2d 313 (1984)

APPLE VALLEY RED-E-MIX, Respondent, v. The CITY OF ST. LOUIS PARK, Appellant.

Court of Appeals of Minnesota.

December 18, 1984.

Attorney(s) appearing for the Case

Gerald S. Duffy, Jeffrey G. Stephenson, Peterson, Tews & Squires, St. Paul, for respondent.

Wayne G. Popham, Desyl L. Peterson, Popham, Haik, Schnobrich, Kaufman & Doty, Minneapolis, for appellant.

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

OPINION

FORSBERG, Judge.

Apple Valley Red-E-Mix (Red-E-Mix) commenced a declaratory judgment action seeking to determine that a 1973 zoning ordinance amendment was invalid insofar as it provided for the elimination of ready mix plants as a permitted use in the industrial zones of the city. The City (St. Louis Park) argues that it has such authority. The City also contends in its brief that improvements to the plant were made which violate that section in...

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