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TOLLEFSON DEVELOP. v. CITY OF ELK RIVER

No. C9-03-176.

665 N.W.2d 554 (2003)

TOLLEFSON DEVELOPMENT, INC., Appellant, v. CITY OF ELK RIVER, Respondent.

Court of Appeals of Minnesota.

July 22, 2003.

Attorney(s) appearing for the Case

Gary A. Van Cleve, Mark D. Christopherson, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, MN, for appellant.

George C. Hoff, Hoff, Barry & Kuderer, P.A., Eden Prairie, MN; and Susan M. Sager, League of Minnesota Cities, St. Paul, MN, for respondent.

Paul D. Reuvers, Iverson Reuvers, LLC, Bloomington, MN, for amicus curiae Association of Minnesota Counties.

Considered and decided by HUDSON, Presiding Judge, WILLIS, Judge, and FORSBERG, Judge.

OPINION

FORSBERG, Judge.*

Appellant Tollefson Development, Inc. brought this action seeking mandamus, damages, and declaratory relief against respondent City of Elk River after the city denied its application for rezoning and a preliminary plat. The district court granted summary judgment to the city and rejected Tollefson's claim that its rezoning application was automatically approved...

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