MORENO v. CITY OF MINNEAPOLIS

Nos. A03-837, A03-943.

676 N.W.2d 1 (2004)

Donna MORENO, et al., Appellants, Respondents, v. CITY OF MINNEAPOLIS, Respondent, v. Minneapolis Institute of Arts, third-party intervenor, Respondent, Appellant.

Court of Appeals of Minnesota.

March 9, 2004.


Attorney(s) appearing for the Case

Daniel L.M. Kennedy, Minneapolis, MN, for Moreno and Smith.

Jay M. Heffern, Minneapolis City Attorney, Carol Lansing, Assistant City Attorney, Minneapolis, MN, for City of Minneapolis.

John H. Herman, D. Charles Macdonald, Michael A. Ponto, Faegre & Benson LLP, Minneapolis, MN, for Minneapolis Institute of Arts.

Considered and decided by HUDSON, Presiding Judge; PETERSON, Judge; and HARTEN, Judge.


OPINION

HUDSON, Judge.

In 2002, the Minneapolis Institute of Arts (MIA) applied for an amendment to its 1973 planned unit development (PUD) in order to add a new wing. The Minneapolis City Planning Commission (planning commission) approved the MIA's application and the MIA's neighbors (Smith and Moreno) appealed this decision to the Minneapolis City Council. The city council heard and denied the appeal, approving the MIA's application subject to conditions...

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