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STONE'S AUTO MART, INC. v. CITY OF ST. PAUL, MINN.

No. Civ. 4-89-352.

721 F.Supp. 206 (1989)

STONE'S AUTO MART, INC., a Minnesota corporation, Scott J. Thomas, Ann Elizabeth Thomas, Plaintiffs, v. CITY OF ST. PAUL, MINNESOTA, a Municipal Corporation; St. Paul City Council; and individual City Council members, James Scheibel, Robert Long, Kiki Sonnen, Janice Rettman, Roger Goswitz, Tom Dimond, Defendants.

United States District Court, D. Minnesota, Fourth Division.

September 18, 1989.

Attorney(s) appearing for the Case

Earl P. Gray and Richard J. Malacko, St. Paul, Minn., for plaintiffs.

Edward P. Starr, St. Paul City Atty. and Jerome J. Segal, Asst. City Atty., St. Paul, Minn., for defendants.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on defendants' motion for summary judgment or, in the alternative, for an order prohibiting discovery into the city council members' motivation in denying plaintiffs' rezoning petition. The motion for summary judgment will be denied. An order tailoring discovery based on the possibility that the city council members are extended qualified immunity will be issued.

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