Merriam Park Community Council, Inc. v. McDonough

This is an appeal from a judgment of the district court upholding the actions of the St. Paul City Council in granting zoning code variances to defendant Michael J. McDonough to permit the construction of a 32-unit apartment building. Plaintiffs, a neighborhood nonprofit corporation and individuals who own property in the immediate vicinity of the proposed site, brought a declaratory judgment action praying that the action of the city council in granting the variances be declared arbitrary, capricious, and contrary to law.

The district court found in favor of defendants. On appeal, plaintiffs…