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SWANSON v. CITY OF BLOOMINGTON

No. C3-86-782.

421 N.W.2d 307 (1988)

John F. SWANSON, et al., Respondents, v. CITY OF BLOOMINGTON, Petitioner, Appellant.

Supreme Court of Minnesota.

March 25, 1988.

Attorney(s) appearing for the Case

David R. Ornstein, Bloomington City Atty., Eric R. Berg, Associate City Atty., Henry E. Wieland, Asst. City Atty., Bloomington, for appellant.

Matthew L. Fling, John J. Waters, Bloomington, Vance B. Grannis, Jr., South St. Paul, for respondents.

Stanley G. Peskar, St. Paul, amicus curiae.

Heard, considered and decided by the court en banc.

OPINION

WAHL, Justice.

John Swanson and Danald Cadmus brought a declaratory judgment action in Hennepin County District Court challenging the Bloomington city council's denial of an application to subdivide a residential lot in the Timberglade 2nd Addition into two residential lots. Swanson and Cadmus sought to establish that the city's action was arbitrary, capricious and unreasonable and they requested an order that would compel subdivision or, in the...

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