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[Download] "Alliance For Metropolitan Stability V. Metropolitan Council" by State of Minnesota in Court of Appeals # eBook PDF Kindle ePub Free

Alliance For Metropolitan Stability V. Metropolitan Council

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eBook details

  • Title: Alliance For Metropolitan Stability V. Metropolitan Council
  • Author : State of Minnesota in Court of Appeals
  • Release Date : January 09, 2003
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 82 KB

Description

Appellants Alliance for Metropolitan Stability (Alliance), Community Stabilization Project (CSP), and Metropolitan Interfaith Council on Affordable Housing (MICAH) challenge the district court's dismissal of their claims based on lack of standing and lack of a right of action, and the grant of respondent's motion for summary judgment. Appellants argue that (1) the district court misapplied Stansell v. City of Northfield, 618 N.W.2d 814 (Minn. App. 2001), review denied (Minn. Jan. 26, 2001), in ruling that appellants lack standing to sue when standing exists under Minnesota caselaw and where the U.S. Supreme Court recognized organizational standing in Havens Realty Corp. v. Coleman, 455 U.S. 363, 102 S. Ct. 1114 (1982); (2) the district court misunderstood appellants' action to involve an implied right of action, rather than an express right of action under the Uniform Declaratory Judgments Act and erred in holding both that a declaratory-judgment action requires an underlying cause of action and that appellants lacked a common-law right of action; and (3) the district court erred in granting summary judgment because the respondent acted arbitrarily when it incorporated Livable Communities Act (LCA) goals in its guidelines. Because we conclude that the district court erred in ruling that the appellants lack standing but was correct in its right-of-action and summary-judgment analyses, we affirm in part and reverse in part.


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