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YANKE v. CITY OF DELANO

No. Civ.03 — 6180 JNE/JGL.

393 F.Supp.2d 874 (2005)

Scott YANKE, Plaintiff, v. The CITY OF DELANO, by the City Council of the City, Consisting of Jon Steinmetz, Mary Emery, Holly Schrupp, Tom Emmer, Joseph McDonald, in their official and individual capacities, Defendants.

United States District Court, D. Minnesota.

March 31, 2005.

Attorney(s) appearing for the Case

Daryl A. MacLean, MacLean Law Office, Delano, MN, for Plaintiff Scott Yanke.

Susan Tindal, and Jon K. Iverson, Iverson Reuvers, LLC, Bloomington, MN, for City of Delano, Jon Steinmetz, Mary Emery, Holly Schrupp, Tom Emmer, and Joseph McDonald.

ORDER

ERICKSEN, District Judge.

Scott Yanke (Yanke) brought this action against the City of Delano (the City) alleging that Delano City Code § 603.02 (the Ordinance) violates the Fourth and Fourteenth Amendments of the U.S. Constitution and Article 1, §§ 7 and 10 of the Minnesota Constitution.1 The case is before the Court on the parties' cross-motions for summary...

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