State v. Northwestern Preparatory School, Inc.

Peterson, Justice.

Defendants appeal from the judgment convicting them of violating a zoning ordinance of Minneapolis.

The question for decision is whether a zoning ordinance 2 which permits in a residential area “Public Schools” and “Churches and Schools accessory thereto” and prohibits therein private schools, is unconstitutional as applied to a private school, owned and conducted by a corporation which has no capital stock and is not operated for profit, the purpose of which is to train young men for competitive examinations for entrance into schools conducted by the armed services of the…