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CARLONE v. CITY OF ST. PAUL

No. C8-86-759.

395 N.W.2d 723 (1986)

Patrick Anthony CARLONE, Appellant, v. CITY OF ST. PAUL, Respondent.

Court of Appeals of Minnesota.

November 10, 1986.

Attorney(s) appearing for the Case

Randall D.B. Tigue, Minneapolis, for appellant.

Edward P. Starr, City Atty., Jerome J. Segal, Asst. City Atty., St. Paul, for respondent.

Heard, considered, and decided by RANDALL, P.J., and FOLEY and HUSPENI, JJ.

OPINION

FOLEY, Judge.

This appeal is from a grant of summary judgment to respondent City of St. Paul. Appellant Patrick Anthony Carlone brought this action seeking judicial review of the city council's denial of an amended site plan. On appeal, Carlone contends the evidence was insufficient to support the council's finding that the building exceeded permissible height restrictions. Because genuine issues of material fact remain unresolved and because Carlone...

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