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CITY OF MOUNDS VIEW v. JOHNSON

No. C5-85-580.

377 N.W.2d 476 (1985)

CITY OF MOUNDS VIEW, Appellant, v. Gregory A. JOHNSON, individually and d.b.a. Highway 10 Radiator, Respondent.

Court of Appeals of Minnesota.

Review Denied January 23, 1986.

Attorney(s) appearing for the Case

Richard Meyers, St. Paul, for appellant.

Paul L. Ratelle, Barna, Guzy, Merrill, Hynes & Giancola, Ltd., Minneapolis, for respondent.

Stanley G. Peskar, St. Paul, for amicus curiae League of Minn. Cities.

Heard, considered and decided by POPOVICH, C.J., LESLIE and NIERENGARTEN, JJ.

OPINION

POPOVICH, Chief Judge.

This is an appeal of a judgment directing appellant to rezone respondent's property from R-1 single family to B-3 commercial highway use and issue respondent a conditional use permit. Appellant claims (1) the trial court erred by ruling appellant's denial of rezoning and the conditional use permit was without a rational basis, (2) respondent's business is not a valid home occupation, (3) appellant is not estopped from enforcing...

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