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CHANHASSEN ESTATES RES. v. CITY OF CHANHASSEN

Nos. C2-82-1039, C9-82-1250.

342 N.W.2d 335 (1984)

CHANHASSEN ESTATES RESIDENTS ASSOCIATION, Michael E. Murphy, Thomas Katsonas, David Soenen, R.W. Lownsbury, R.W. Connell, Gary Arndt and Keith Boudrie, Respondents (C2-82-1039), Appellants (C9-82-1250), v. The CITY OF CHANHASSEN, Respondent, and McDonald's Corporation, intervenor, Appellant (C2-82-1039), Respondent (C9-82-1250).

Supreme Court of Minnesota.

January 13, 1984.

Attorney(s) appearing for the Case

Cragg & Bailly, Ltd., Robert L. McCollum, Minneapolis, for respondents-appellants.

Larkin, Hoffman, Daly & Lindgren, James P. Larkin, Kathleen M. Oates, Minneapolis, for appellant-respondent.

Larson & Mertz, Craig M. Mertz, Minneapolis, for respondent City of Chanhassen.

Considered and decided by the court en banc without oral argument.

COYNE, Justice.

Chanhassen Estates Residents Association (CERA) sued to enjoin the issuance to McDonald's Corporation of the building permit which the Chanhassen city council had authorized on May 10, 1982. The trial court concluded that the McDonald's facility as proposed was a conditional, rather than permitted, use but that the proposed McDonald's restaurant without a drive-thru window was a permitted use, and the trial court directed the city to issue a permit...

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