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CHASE v. CITY OF MINNEAPOLIS

Nos. C6-86-1523, C8-86-1524.

401 N.W.2d 408 (1987)

Esther CHASE, an individual, petitioner, Appellant, (C6-86-1523) Respondent, (C8-86-1524) North Central Food Systems, petitioner, Respondent, (C6-86-1523) Appellant, (C8-86-1524) v. The CITY OF MINNEAPOLIS, et al., Respondents.

Court of Appeals of Minnesota.

March 3, 1987.

Attorney(s) appearing for the Case

Harold Kalina, J. Randall Benham, Oppenheimer Wolff & Donnelly, Minneapolis, for Esther Chase.

John M. Koneck, Eric S. Anderson, Mallory K. Mullins, Fredrikson & Byron, Minneapolis, for North Central Food Systems.

Robert J. Alfton, Minneapolis City Atty., Michael Norton, Asst. City Atty., Minneapolis, for City of Minneapolis.

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

OPINION

POPOVICH, Chief Judge.

This appeal is from a judgment granting respondents' summary judgment motion and denying appellants' summary judgment motion requesting a writ of mandamus to compel issuance of a permitted use building permit. Appellants claim the trial court erred in finding respondents did not arbitrarily deny the permit because (1) respondents' stated reason for denial lacks factual basis, (2) the trial court improperly relied on other legally...

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