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NOLAN v. CITY OF EDEN PRAIRIE

No. C9-99-1967.

610 N.W.2d 697 (2000)

Stuart NOLAN, et al., Appellants, Tom Hansen, et al., Plaintiffs, v. CITY OF EDEN PRAIRIE, James Perkins, et al., Respondents.

Court of Appeals of Minnesota.

May 23, 2000.

Attorney(s) appearing for the Case

Robert J. Tansey, Jr., Mark D. Wisser, Douglas R. Boettge, Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, for appellants.

George C. Hoff, Kimberly B. Kozar, Hoff, Barry & Kuderer, P.A., Eden Prairie, for respondent Eden Prairie.

Jeffrey H. Olson, Leonard, O'Brien, Wilford, Spencer & Gale, Ltd., St. Paul, for respondents James and Raynelle Perkins, Pearl Freeburg, and Bank of Maple Plain.

Considered and decided by PETERSON, Presiding Judge, KALITOWSKI, Judge, and G. BARRY ANDERSON, Judge.

OPINION

G. BARRY ANDERSON, Judge

Appellants Stuart Nolan, et al., challenge the respondent City of Eden Prairie's approval of variances related to a preliminary plat, contending that the approval was in violation of statute and ordinance, and was arbitrary and capricious. Appellants also challenge approval of the preliminary plat, contending that a council member who had an unlawful conflict of interest cast the deciding vote. We affirm.

FACTS<...

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