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HANS HAGEN v. CITY OF MINNETRISTA

No. A05-1686.

713 N.W.2d 916 (2006)

HANS HAGEN HOMES, INC., Respondent, v. CITY OF MINNETRISTA, Appellant.

Court of Appeals of Minnesota.

May 16, 2006.

Attorney(s) appearing for the Case

Gary A. Van Cleve, Jessica B. Rivas, Larkin Hoffman Daly & Lindgren Ltd., Minneapolis, MN, for respondent.

George C. Hoff, Amanda Morken, Hoff, Barry & Kuderer, P.A., Eden Prairie, MN, for appellant.

Considered and decided by TOUSSAINT, Chief Judge; LANSING, Judge; and RANDALL, Judge.

OPINION

LANSING, Judge.

On cross-motions for summary judgment, the district court granted Hans Hagen Homes' petition for mandamus to enforce Minn.Stat. § 15.99, subd. 2 (2004), and directed the City of Minnetrista to approve Hagen Homes' application for rezoning and for expanding the metropolitan-urban-service area. The city appeals, and, because we conclude that the district court properly construed the requirements of section 15.99, subdivision 2...

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