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QUEEN ANNE COURTS v. CITY OF LAKEVILLE

Civ. No. 3-87-568.

726 F.Supp. 733 (1989)

QUEEN ANNE COURTS, a Minnesota general partnership, Plaintiff, v. CITY OF LAKEVILLE, City of Lakeville General Council: Duane R. Zaun (Mayor), Nancy Enright, Robert L. Nelson, Elizabeth L. Sindt, and Patrick G. Harvey; City of Lakeville Administrator/Clerk Patrick E. McGarvey; City of Lakeville Development Director James A. Robinette; Northwest Associated Consultants, Inc.; and David R. Licht, President Northwest Associated Consultants, Inc., Defendants.

United States District Court, D. Minnesota, Third Division.

June 8, 1989.

Attorney(s) appearing for the Case

Lauren Lonergan of Briggs and Morgan, Minneapolis, Minn., for plaintiff.

Roger N. Knutson of Grannis, Grannis, Farrell & Knutson, South St. Paul, Minn., for defendants.

MEMORANDUM AND ORDER

RENNER, District Judge.

Before the Court is defendants' motion to dismiss or in the alternative motion for summary judgment. The Court held a hearing on these motions on March 8, 1989. The Court addressed several of defendants' arguments in a bench ruling, but took two issues under advisement. Those issues are (1) has plaintiff stated a claim for a violation of procedural due process under 42

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