Denney v. City of Duluth

Rogosheske, Justice.

Defendant, city of Duluth, appeals from a judgment of the district court enjoining its building inspector from issuing a permit authorizing the construction of multiple dwellings upon the property which is the subject of Ordinance No. 7787, a recently passed amendment to Duluth’s comprehensive zoning ordinance, 1 until such amending ordinance is approved by the voters of the city of Duluth pursuant to § 52 of its Home Rule Charter. 2 The dispositive issue presented is whether the city council of Duluth acted in its legislative or its administrative capacity when it adopted…