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CURTIS OIL v. CITY OF NORTH BRANCH

No. C0-84-1013.

364 N.W.2d 880 (1985)

CURTIS OIL, Respondent, v. CITY OF NORTH BRANCH, et al., Appellants.

Court of Appeals of Minnesota.

April 2, 1985.

Attorney(s) appearing for the Case

Steven A. Sicheneder, North Branch, for respondent.

Barry L. Blomquist, North Branch, for appellants.

Considered and decided by POPOVICH, C.J., and WOZNIAK and SEDGWICK, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

The City of North Branch appeals a writ of mandamus requiring it to rezone a parcel of land and to issue a conditional use permit which would allow Curtis Oil to install a 1000-gallon propane tank on the property. The City of North Branch contends that a writ of mandamus may not be used to challenge its denial of Curtis Oil's application to rezone a parcel of land. We affirm.

FACTS

Leo and Betty Valez operated a...

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