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CITY OF MANKATO v. MAHONEY

No. C1-95-1310.

542 N.W.2d 689 (1996)

In the Matter of the Claim of CITY OF MANKATO, Respondent, v. John MAHONEY, Relator.

Court of Appeals of Minnesota.

February 6, 1996.

Attorney(s) appearing for the Case

Eileen Wells, Mankato City Attorney, Mankato, for respondent.

Karl O. Friedrichs, Friedrichs & Marsh, P.A., North Mankato, for relator.

Considered and decided by TOUSSAINT, C.J., and KLAPHAKE and AMUNDSON, JJ.

OPINION

KLAPHAKE, Judge.

Relator landlord John Mahoney filed a petition for writ of certiorari challenging the decision of respondent Mankato City Council (city) to revoke his rental license. We reverse the city's decision as arbitrary and capricious because the evidence does not support a finding that under the city code, three noise disturbances occurred at Mahoney's rental property.

FACTS

Between December 17, 1993 and December 1, 1994...

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