Billy Graham Evangelistic Ass'n v. City of Minneapolis

I concur that a historical district can include some noncontributing properties and that the standard of review is arbitrary and capricious. However, I respectfully dissent from the majority’s holding that the City did not act arbitrarily or capriciously in this case and would affirm the court of appeals.

This designation procedure hinges on a report (Zellie Report) prepared by the City’s commissioned consultant, Carole *129Zellie (consultant). This consultant studied a section on the southern edge of downtown Minneapolis, where the City’s automotive industry flourished from around the turn of the…