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DEMOLITION LANDFILL v. CITY OF DULUTH

No. C6-99-1635.

609 N.W.2d 278 (2000)

DEMOLITION LANDFILL SERVICES, LLC, Appellant, v. CITY OF DULUTH, Respondent.

Court of Appeals of Minnesota.

April 25, 2000.

Attorney(s) appearing for the Case

Timothy R. Thornton, Jack Y. Perry, Briggs and Morgan, Minneapolis (for appellant).

William P. Dinan, Duluth City Attorney, M. Alison Lutterman, Assistant City Attorney, Duluth (for respondent).

Considered and decided by RANDALL, Presiding Judge, AMUNDSON, Judge, and FOLEY, Judge.

OPINION

DANIEL F. FOLEY,* Judge.

Appellant Demolition Landfill Services challenges the district court's order denying its motion for summary judgment and dismissing its petition for a writ of mandamus to compel respondent City of Duluth to grant appellant a special-use permit for a landfill. Appellant asserts that the city was required to issue the permit pursuant to Minn.Stat. § 15.99, subd. 2 (1998), because the city failed...

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