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DOLPHY v. CITY OF MINNEAPOLIS

No. A12-0927.

James A. Dolphy, Appellant, Michael P. Haege, Plaintiff, v. City of Minneapolis, Respondent.

Court of Appeals of Minnesota.

Filed December 31, 2012.

Attorney(s) appearing for the Case

David T. Schultz , Joseph P. Ceronsky , Maslon, Edelman, Borman & Brand, LLP, Minneapolis, Minnesota, for appellant.

Susan L. Segal , Minneapolis City Attorney, Joel M. Fussy , Gregory P. Sautter , Assistant City Attorneys, Minneapolis, Minnesota, for respondent.

Anthony B. Sanders , Katelynn K. McBride , Lee U. McGrath , Institute for Justice, Minneapolis, Minnesota, amicus curiae Institute for Justice.

Considered and decided by Stoneburner, Presiding Judge; Peterson, Judge; and Larkin, Judge.

UNPUBLISHED OPINION

LARKIN, Judge.

Appellant challenges the district court's dismissal of his lawsuit, which alleged that respondent's licensing ordinance requiring certification for tree servicers is unconstitutional. Because the district court converted respondent's motion to dismiss under Minn. R. Civ. P. 12.02 to one for summary judgment without allowing appellant a reasonable opportunity to present all materials made pertinent to such a motion, we reverse...

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