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OSBORNE v. GRUSSING

No. 06-2021.

477 F.3d 1002 (2007)

Richard OSBORNE; Jerome Sammon, Plaintiffs-Appellants, v. Arlyn GRUSSING, in his individual capacity and in his official capacity as Director of the Rice County Department of Planning and Zoning, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 26, 2007.

Attorney(s) appearing for the Case

Stephen L. Smith, argued, Minneapolis, MN, for appellant.

Paul D. Reuvers, argued, Bloomington, MN (Susan M. Tindal, on the brief), for appellee.

Before LOKEN, Chief Judge, LAY and MELLOY, Circuit Judges.

LOKEN, Chief Judge.

Richard Osborne and Jerome Sammon own residential property on Circle Lake in Rice County, Minnesota. They commenced this § 1983 suit against Rice County and four County officials, alleging that defendants were selectively enforcing provisions of the Rice County Zoning Ordinance in retaliation for plaintiffs' public criticism of the County's lax enforcement of environmental and zoning regulations against a substantial Circle Lake housing development...

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