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LUPE DEVELOPMENT v. CITY OF MINNEAPOLIS

No. C9-90-2668.

472 N.W.2d 692 (1991)

LUPE DEVELOPMENT PARTNERS, Appellant, v. CITY OF MINNEAPOLIS, Respondent.

Court of Appeals of Minnesota.

August 6, 1991.

Attorney(s) appearing for the Case

David M. Anderson, Minneapolis, for appellant.

Robert J. Alfton, City Atty., William C. Dunning, Asst. Mpls. City Atty., Minneapolis, for respondent.

Considered and decided by RANDALL, P.J., and HUSPENI and SCHUMACHER, JJ.

OPINION

SCHUMACHER, Judge.

The trial court granted summary judgment in favor of the City of Minneapolis, (City) holding that appellant Lupe Development Partners' (Lupe) proposal to convert a fraternity house into a rooming house is prohibited by applicable provisions of the zoning ordinance. Appellant challenges summary judgment, alleging its proposed use of the property is not that of a rooming house but is a use "substantially similar" to the prior use...

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