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CITIZENS v. PLYMOUTH CONGREGATIONAL CHURCH

No. A03-190.

672 N.W.2d 13 (2003)

CITIZENS FOR A BALANCED CITY, et al., Appellants, v. PLYMOUTH CONGREGATIONAL CHURCH, Defendant, Plymouth Church Neighborhood Foundation, Respondent, City of Minneapolis, Respondent.

Court of Appeals of Minnesota.

December 2, 2003.

Attorney(s) appearing for the Case

Michael O. Freeman, DeAnne M. Hilgers, Courtney M. Rogers, Lindquist Vennum, P.L.L.P., Minneapolis, for appellants.

Mary Cullen Yeager, Deborah J. Mackay, Faegre Benson, L.L.P., Minneapolis, for respondent Plymouth Church Neighborhood Foundation.

Jay M. Heffern, Minneapolis City Attorney, Carol E. Lansing, Assistant City Attorney, Minneapolis, for respondent City of Minneapolis.

Considered and decided by KLAPHAKE, Presiding Judge; SCHUMACHER, Judge; and PORITSKY, Judge.

OPINION

ROBERT H. SCHUMACHER, Judge.

Citizens for a Balanced City and numerous individuals (collectively Citizens) appeal from the district court's summary judgment, which found that respondent City of Minneapolis had not acted arbitrarily, capriciously, or unreasonably in granting respondent Plymouth Neighborhood Church Foundation a spacing ordinance waiver, a conditional use permit, and a maximum occupancy variance. We affirm.

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