NORTHPOINTE PLAZA v. CITY OF ROCHESTER

No. C3-89-1851.

457 N.W.2d 398 (1990)

NORTHPOINTE PLAZA, a Minnesota Partnership consisting of Jon K. Finstrom and John A. Klop, Jr., Appellant, v. CITY OF ROCHESTER, Respondent.

Court of Appeals of Minnesota.

Review Granted August 23, 1990.


Attorney(s) appearing for the Case

Thomas B. Humphrey, Jr. and Andrew J. Mitchell, Larkin, Hoffman, Daly & Lindgren, Bloomington, and Robert G. Suk, Rochester, for appellant.

Frederick S. Suhler, Jr., Rochester City Atty., Rochester, for respondent.

Carla J. Heyl, League of Minnesota Cities, St. Paul, for amicus curiae League of Minnesota Cities.

Considered and decided by FOLEY, P.J., and HUSPENI and LESLIE, JJ.


OPINION

HUSPENI, Judge.

The trial court originally held appellant, a property owner, entitled to recover $65,081.33 in damages, $38,925 in attorney fees, and $1,876.44 in costs and disbursements from respondent, a city, on the grounds that the city's arbitrary denial of a conditional use permit (CUP) for appellant's property was a violation of appellant's right to substantive due process and was actionable under 42 U.S.C. § 1983. Respondent moved for...

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