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BARTON CONTRACTING CO., INC. v. CITY OF AFTON

No. 47580.

268 N.W.2d 712 (1978)

BARTON CONTRACTING CO., INC., Respondent, v. CITY OF AFTON, Appellant.

Supreme Court of Minnesota.

April 14, 1978.

Attorney(s) appearing for the Case

Lawson, Ranum, Raleigh & Marshall and Raymond O. Marshall, Stillwater, Doherty, Rumble & Martin and David G. Martin, St. Paul, for appellant.

Petersen Lyons Tews & Squires and Gerald S. Duffy, St. Paul, for respondent.

Stanley G. Peskar, St. Paul, for League of Minn. Cities, amicus curiae, seeking reversal.

Popham, Haik, Schnobrich, Kaufman & Doty and Raymond A. Haik, Minneapolis, for The Aggregate & Readymix Assoc. of Minn., seeking affirmance.

Heard before PETERSON, YETKA, WAHL, and IVERSON, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

The city of Afton appeals from the order granting a peremptory writ of mandamus and from the order denying the motion for amended findings of fact, conclusions of law, and order for judgment or, in the alternative, a new trial. The writ directs the city to issue a special-use permit to Barton Contracting Co., Inc. (hereafter Barton), authorizing Barton to expand its open pit gravel operations in northern Afton. We reverse and dissolve the writ....

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