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TRISKO v. CITY OF WAITE PARK

No. C0-97-86.

566 N.W.2d 349 (1997)

Robert TRISKO, et al., Plaintiffs, v. CITY OF WAITE PARK, Respondent, Meridian Aggregates Company, a Montana corporation, Appellant. MERIDIAN AGGREGATES COMPANY, a Montana corporation, Appellant, v. CITY OF WAITE PARK, Respondent.

Court of Appeals of Minnesota.

Review Denied September 25, 1997.

Attorney(s) appearing for the Case

Gordon H. Hansmeier, Rajkowski Hansmeier Ltd., St. Cloud, for Respondent.

Gary A. Van Cleve, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, for Appellant.

Considered and decided by HUSPENI, P.J., and WILLIS and SCHULTZ, JJ.

OPINION

HAROLD W. SCHULTZ, Judge.

Appellant Meridian Aggregates Company challenges the trial court's summary judgment for respondent City of Waite Park denying Meridian's application for a conditional use permit to operate a rock quarry. Because we conclude that the city's denial of the permit was unreasonable, arbitrary, and capricious, we reverse and order the issuance of the appropriate conditional use permit.

FACTS

Appellant operates...

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