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'FILED <br /> <br />STATE OF MII~NESOTA <br /> <br />DISTRICT COURT <br /> <br />COUNTY OF A4NOKA <br /> <br />PATRICK MCI~AFFERTY, <br /> Plifintiff, <br /> <br />TENTH JUDICIAL DISTRICT <br /> <br />VS. <br /> <br />CITY OF RAM~EY, MUNICIPAL <br />CORPORATION AND A POLITICAL <br />SUBDIVISION OF THE STATE OF <br />MINNESOTA, ~ <br /> <br />FINDINGS OF FACT, <br />CONCLUSIONS OF LAW, AND <br />ORDER <br /> <br />Court File No. CO-96-414 <br /> <br />Defendant. <br /> <br /> The above,entitled matter came on for hearing the 16th day of February, 1996, before the <br />undersigned Judge~of District Court upon the parties' respective motions for summary judgment. <br />Plaintiff was repre*ented by Stephen H. Munstenteiger. Defendant was represented by William K. <br />Goodrich. Based t~pon the arguments of counsel, and all the files, records and proceedings herein, the <br />Court makes the fdllowing: <br /> <br />FI2NDINGS OF FACT <br /> <br /> 1. Pllintiff seeks summary judgment in plaintiff's favor against the defendant finding that <br /> <br />the defendant's deaial of a Conditional Use Permit was arbitrary and without any legal basis, and that the <br />defendant be compblted to issue a Conditional Use Permit to the Plaintiff. <br /> <br /> 2. D~fendant seeks summary judgment as to all claims made by the plaintiff, and to have <br /> <br />all claims brought Sgainst defendant by plaintiffdismissed with prejudice and on the merits. <br /> <br /> 3. Thee City of Ramsey is a municipal corporation and a political subdivision of the State of <br /> <br />Minnesota, locatediin Anoka County. <br /> 4. Rahqsey has adopted a municipal Comprehensive Plan as authorized by Minnesota <br />Statutes Section 462. Pursuant to the municipal plan, Ramsey has adopted zoning and subdivision <br />ordinances; these zoning ordinances are codified as Chapter 9 of Ramsey's City Code ("zoning <br />ordinance"). <br /> <br /> <br />