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DEGE v. CITY OF MAPLEWOOD

No. C9-87-1574.

416 N.W.2d 854 (1987)

George DEGE, d.b.a. Dege Garden Center, Respondent, v. CITY OF MAPLEWOOD, Appellant.

Court of Appeals of Minnesota.

December 29, 1987.

Attorney(s) appearing for the Case

John E. Daubney, St. Paul, for respondent.

John F. Bannigan, Jr., Patrick J. Kelly, St. Paul, for appellant.

Carl E. Norberg, St. Paul, for amicus curiae.

Heard, considered and decided by HUSPENI, P.J., and SEDGWICK and LOMMEN, JJ.

OPINION

SEDGWICK, Judge.

The City of Maplewood appeals from summary judgment granted to Dege. We reverse and remand.

FACTS

Albert and George Dege own Dege Garden Center in Maplewood. In 1971, Albert Dege obtained a special use permit from the city in order to construct a parking lot adjacent to the garden center, on land zoned for residential use. The special use permit allowed customer parking but prohibited truck or trailer storage in...

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