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SLS PARTNERSHIP v. CITY OF APPLE VALLEY

No. C2-92-1379.

496 N.W.2d 429 (1993)

SLS PARTNERSHIP, Apple Valley, Petitioner, Respondent, v. The CITY OF APPLE VALLEY, Appellant.

Court of Appeals of Minnesota.

Review Granted April 29, 1993.

Attorney(s) appearing for the Case

Phillip R. Krass, Timothy F. Moynihan, Krass & Monroe Chartered, Bloomington, for respondent.

James F. Sheldon, Annette M. Margarit, Severson, Wilcox & Sheldon, P.A., Apple Valley City Attys., Apple Valley, for appellant.

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

Considered and decided by DAVIES, P.J., and FORSBERG and RANDALL, JJ.

OPINION

DAVIES, Judge.

The City of Apple Valley (the city) appeals a writ of mandamus prohibiting it from enforcing its zoning ordinances against a mobile home park. The trial court concluded that operation of the park was permitted under an ordinance allowing pre-existing nonconforming uses, holding the ordinance grandfathered mobile homes so long as they are located on original pads. We reverse.

FACTS

In 1958, the board of the Township...

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