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NORTHPOINTE PLAZA v. CITY OF ROCHESTER

No. C3-89-1851.

465 N.W.2d 686 (1991)

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

Supreme Court of Minnesota.

February 22, 1991.

Attorney(s) appearing for the Case

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

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

Heard, considered and decided by the court en banc.

YETKA, Justice.

This case comes before us on an appeal from a decision of the court of appeals which affirmed a trial court decision denying appellant damages allegedly suffered by appellant when the City of Rochester denied a conditional use permit (CUP) for its property. Appellant's action was based on an alleged violation by the city of appellant's due process rights under 42 U.S.C. § 1983. We affirm both the trial...

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