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HAMLINE-MIDWAY NEIGHBORHOOD v. CITY OF ST. PAUL

No. CX-95-2312.

547 N.W.2d 396 (1996)

HAMLINE-MIDWAY NEIGHBORHOOD STABILITY COALITION, et al., Relators, v. CITY OF ST. PAUL, St. Paul Firearms Co., Respondents.

Court of Appeals of Minnesota.

April 30, 1996.

Attorney(s) appearing for the Case

Kent G. Harbison, Richard G. Snyder, Fredrikson & Byron, P.A., Minneapolis, for Relators.

Timothy E. Marx, City Attorney, Philip B. Byrne, Assistant City Attorney, St. Paul, for City of St. Paul.

Christopher J. Dietzen, Larkin, Hoffman, Daly & Lindgren, Ltd., Minneapolis, David Feinwachs, Minneapolis, for St. Paul Firearms Co.

Considered and decided by KLAPHAKE, P.J., and RANDALL and FOLEY, JJ.

OPINION

FOLEY, Judge.*

A neighborhood group challenges the city's decision to license a firearms business despite its location near protected uses. Because the license violates the city's zoning ordinance and the city failed to follow proper procedures in issuing the license, we reverse.

FACTS

In February 1993 the St. Paul Firearms Company (SPFC) applied to the City of St. Paul (city) for a license to sell firearms...

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