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CEMETERY v. CITY OF ROSEVILLE

No. A04-672.

689 N.W.2d 254 (2004)

Roselawn CEMETERY, Appellant, v. CITY OF ROSEVILLE, Respondent, Roseville Neighbors for Responsible Growth, intervenor, Respondent.

Court of Appeals of Minnesota.

November 23, 2004.

Attorney(s) appearing for the Case

Thomas J. Radio, Hinshaw & Culbertson L.L.P., Minneapolis, MN, for appellant.

George C. Hoff, Justin L. Templin, Hoff, Barry & Kuderer, P.A., Eden Prairie, MN, for respondent City of Roseville.

Thomas H. Goodman, Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, MN, for respondent Roseville Neighbors for Responsible Growth.

Considered and decided by SCHUMACHER, Presiding Judge; STONEBURNER, Judge; and PARKER, Judge.

OPINION

ROBERT H. SCHUMACHER, Judge.

Appellant Roselawn Cemetery challenges the district court's entry of summary judgment in favor of respondent City of Roseville arguing the city acted arbitrarily, capriciously, or unreasonably when it denied Roselawn a conditional use permit to build a crematorium at its existing location. We affirm.

FACTS

In May 2001, Roselawn submitted an application to the city for a conditional use permit to place...

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