KOSCIELSKI V. CITY OF MINNEAPOLIS 435 F.3d 898 (2005) CASE BRIEF

KOSCIELSKI V. CITY OF MINNEAPOLIS

435 F.3d 898 (2005)

NATURE OF THE CASE: Koscielski (P) appealed from a summary judgment for City (D) in P's suit that D's zoning ordinances violated due process and equal protection because P could not open a gun dealership.

FACTS: P opened a firearms dealership in D. Two months later, D enacted a moratorium prohibiting firearms dealers from locating, relocating, or expanding within the city. D unsuccessfully attempted to apply the moratorium retroactively. D then enacted zoning ordinances requiring firearms dealers to obtain conditional use permits and locate within particular zones and only in locations sufficiently distant from day care centers and churches. P's dealership was grandfathered as a nonconforming use and therefore was permitted to remain even though it was located near both a day care center and a church. P's lease was canceled and he was unable to obtain a lease in an allowed zone. P then leased a site in a zone that does not permit firearms retailers. D issued a cease and desist order, and P filed suit on due process, equal protection, and takings grounds, claiming the zoning ordinances impermissibly prohibit firearms retailers from locating within the city. The court granted summary judgment to D and P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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