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MY BROTHER'S KEEPER v. SCOTT COUNTY

No. C6-00-1173.

621 N.W.2d 479 (2001)

MY BROTHER'S KEEPER, et al., Appellants, v. SCOTT COUNTY, Respondent.

Court of Appeals of Minnesota.

January 30, 2001.

Attorney(s) appearing for the Case

Mary K. Martin, St. Paul, for appellants.

Thomas J. Harbinson, Scott County Attorney, Susan K. McNellis, Assistant County Attorney, Shakopee, for respondent.

Considered and decided by AMUNDSON, Presiding Judge, HALBROOKS, Judge, and MULALLY, Judge.

OPINION

AMUNDSON, Judge.

Appellants contest a summary judgment enjoining them from conducting business activities in a residential neighborhood. Appellants are licensed to provide residential-based habilitation services for mentally retarded individuals. While under the Scott County Zoning Ordinance and Minn. Stat. § 462.357, subd. 7 (2000), such services may be located in an area zoned for single families, the county contended that the provider could...

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