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WHITE v. CITY OF ELK RIVER

No. A12-0681.

840 N.W.2d 43 (2013)

Lorraine WHITE, Trustee for the Lorraine M. White Trust, et al., Appellants, v. CITY OF ELK RIVER, Respondent.

Supreme Court of Minnesota.

December 4, 2013.

Attorney(s) appearing for the Case

Katherine L. MacKinnon , Sarah J. Demers , Law Office of Katherine L. MacKinnon, PLLC, Saint Louis Park, Minnesota; and James G. Robin , Wayzata Law Group, LLC, Wayzata, Minnesota, for appellants.

George C. Hoff , Shelley M. Ryan , Hoff, Barry & Kozar, P.A., Eden Prairie, Minnesota, for respondent.

Jarod M. Bona , Ann A. Parmley , DLA Piper, LLP, Minneapolis, Minnesota; and Luke A. Wake , National Federation of Independent Business Small Business Legal Center, Washington, D.C., for amici curiae National Federation of Independent Business Small Business Legal Center and Minnesota Vacation Rental Association.

Susan L. Naughton , League of Minnesota Cities, Saint Paul, Minnesota, for amicus curiae League of Minnesota Cities.

OPINION

WRIGHT, Justice.

In this zoning dispute, appellant Wapiti Park Campgrounds, Inc., owned by appellant Lorraine White, Trustee for the Lorraine M. White Trust, operates a campground on land in respondent City of Elk River. After Wapiti Park began operating the campground, the City enacted a series of zoning ordinances regulating use of the land — first rendering campgrounds a non-permitted use, then allowing campgrounds as a conditional use...

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