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APPLICATION OF AVANT-GARDE, INC.

No. C6-91-1276.

481 N.W.2d 379 (1992)

Application of AVANT-GARDE, INC., to Vacate a Portion of the Plat of Lakeview Division First Addition.

Court of Appeals of Minnesota.

Review Denied April 29, 1992.

Attorney(s) appearing for the Case

William M. Burns, Robin C. Merritt, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, P.A., Duluth, for respondent Avant-Garde, Inc.

William P. Dinan, Duluth City Atty., Thomas J. Schindler, Asst. City Atty., Duluth, for appellant City of Duluth.

Harold A. Frederick, Michael Cowles, Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, for appellants Loren D. Youngblom, et al.

Considered and decided by AMUNDSON, P.J., and FORSBERG and KALITOWSKI, JJ.

OPINION

FORSBERG, Judge.

Certain property owners and the City of Duluth (City) appeal from a judgment of the district court vacating dedication of a portion of a platting as a public park in the City. The area was originally dedicated as a public park by respondent Avant-Garde, Inc., allegedly in exchange for changes in zoning and land use restrictions on other portions of the original plat. When the other portions of the platting proved unmarketable, Avant...

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