Cited by
Opinions in Minnesota that cite Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604.
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Lake West Development LLC, Appellant,
Minn. Ct. App. 2026
(quoting Frank’s Nursery Sales, ).
- Frank R. Dropps, Appellant, Minn. Ct. App. 2026
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Patrick A Lease, et al., Appellants,
Minn. Ct. App. 2026
Grp., (first citing Frank’s 11 Nursery Sales, - 09 (Minn. 1980), and then citing Med.
- BC Seva, LLC, d/b/a Suburban Studios, et al., Relators, Minn. Ct. App. 2026
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ROA Rochester, LLC, Appellant,
Minn. Ct. App. 2026
Frank’s Nursery Sales, Minn. Stat. § 645.08(1) (2024).
- David Bissen v. City of Crystal, JUFH Enterprises LLC Minn. Ct. App. 2024
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David Bissen v. City of Crystal, JUFH Enterprises LLC
Minn. Ct. App. 2024
5 (citing Frank’s Nursery Sales, -09 (Minn. 1980)).
- Stockholm Township v. Glenn A. Schmidt, Bancommunity Service Corporation, ... Minn. Ct. App. 2024
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Stockholm Township v. Glenn A. Schmidt, Bancommunity Service Corporation, ...
Minn. Ct. App. 2024
Paul, (quotation omitted), rev. denied (Minn. May 18, 2004); see also Frank’s Nursery Sales
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In the Matter of Stevens County for a Conditional Use Permit.
Minn. Ct. App. 2023
“A zoning ordinance should be construed according to its plain and ordinary meaning and in favor of the property owner.” (citing Frank’s Nursery Sales, -09 (Minn. 1980)).
- Ali Alfureedy, et al., Appellants, Minn. Ct. App. 2023
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Minn. 2023
See Frank’s Nursery Sales, –09 (Minn. 1980).
- City of Shorewood, Respondent, Minn. Ct. App. 2022
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Croix Holdings, LLC, Appellant,
Minn. Ct. App. 2021
t was established, it is classified as a legal nonconforming use in a z oning district.” It also emphasizes that any new use of the property “must conform to the zoning ordinance.” Moreover, a “municipality cannot be estopp ed from correctly enforcing [a n] ordinance even if the property owner relied to his detriment on prior city action.” Frank’s Nursery Sales
- City of Long Prairie, Respondent, Minn. Ct. App. 2021
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Peter Stalland, et al., Appellants,
Minn. Ct. App. 2021
And a “municipality cannot be estopped from correctly enforcing [an] ordinance even if the property owner relied to his detriment on prior city action.” Frank’s Nursery Sales
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Ellsworth Fretham, et al., Appellants,
Minn. Ct. App. 2021
Moreover, that method is reasonable because a zoning ordinance “must always be considered in light of its underlying policy.” Frank’s Nursery Sales
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A19-1701 A19-1702 A19-1703
Minn. 2020
But see Frank’s Nursery Sales, Inc. v. City of Roseville , (holding that “zoning 16 ordinances should be construed strictly agai nst the city and in favor of the property owner”).
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Richard T. Jellinger, et al., Appellants,
Minn. Ct. App. 2020
5 “[T]he interpretation of an existing ordinance is a question of law for the court.” Frank’s Nursery Sales, Inc. v. City of Roseville , .
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In the Matter of the Application of Park Rapids Clay Dusters, Inc., for a Conditional Use Permit.
Minn. Ct. App. 2019
When interpreting an ordinance, we “give words and phrases their plain and ordinary meaning.” Id.; see also Frank’s Nursery Sales, Inc. v. City of Roseville , -09 (Minn. 1980) (interpreting zoning ordinance).
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Thomas A. Ruether, et al., Appellants,
Minn. Ct. App. 2018
And further, ambiguous zoning ordinances should be construed “in favor of the property owner.” Frank’s Nursery Sales
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In the Matter of the Appeal of the Denial of Renewal of Therapeutic Massage License Numbers EMT-13217 and …
Minn. Ct. App. 2018
Paul, (citing Frank’s Nursery Sales, ).
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Gregory Mailand, et al., Relators,
Minn. Ct. App. 2018
6 In interpreting a law, “ courts generally strive to construe a term according to i ts plain and ordinary meaning.” Frank’s Nursery Sales, d 604, 608 (Minn. 1980).
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LeRoy J. Rossow, Jr., Appellant,
Minn. Ct. App. 2017
“[T]he interpretation of an existing ordinance is a question of law for the court.” Frank’s Nursery Sales
- Eureka Township, Appellant, Minn. Ct. App. 2017
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County of Isanti, Respondent,
Minn. Ct. App. 2017
guide a court’s interpretation of an ordinance: (1) “courts generally strive to construe a term according to its plain and ordinary meaning”; (2) “zoning ordinances should be construed strictly against the [county] and in favor of the property owner”; and (3) “[a] zoning ordinance must always be considered in light of its underlying policy.” Frank’s Nursery Sales, - 09 (Minn. 1980).
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Joseph Roach, et al., Appellants,
Minn. Ct. App. 2017
Frank’s Nursery Sales, Inc. v. City of Roseville
- In the Matter of the Rental Dwelling Licenses held by Mahmood Khan Minn. Ct. App. 2017
- County of Isanti v. Keith Allen Kiefer, and third party v. City of Ramsey, Third Party Minn. Ct. App. 2016
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County of Isanti v. Keith Allen Kiefer, and third party v. City of Ramsey, Third Party
Minn. Ct. App. 2016
at preamble (2005); see also Frank’s Nursery Sales, (“A zoning ordinance must always be considered in light of its underlying policy.”).
- Paek Saengkeo v. Minnesota Automobile Assigned Claims 877 N.W.2d 568 Minn. Ct. App. 2016
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Paek Saengkeo v. Minnesota Automobile Assigned Claims
877 N.W.2d 568
Minn. Ct. App. 2016
Frank’s Nursery Sales, Inc., v. City of Roseville, see also Minn.Stat.
- Meleyco Partnership No. 2 v. City of West St. Paul 874 N.W.2d 440 Minn. Ct. App. 2016
- McCullough and Sons, Inc. v. City of Vadnais Heights 868 N.W.2d 721 Minn. Ct. App. 2015
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McCullough and Sons, Inc. v. City of Vadnais Heights
868 N.W.2d 721
Minn. Ct. App. 2015
Frank’s Nursery Sales, see also Minn. Stat. § 645.08(1) (2014) (providing that words and phrases are construed according to their common usage).
- In re Application of EOF Investments, LLC. Minn. Ct. App. 2015
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In re Application of EOF Investments, LLC.
Minn. Ct. App. 2015
EOF argues that if an ordinance is ambiguous it must be interpreted in favor of the landowner and against the local government, citing Frank’s Nursery Sales
- Minnesota Realty and Management LLC, Relator v. Minneapolis Department of Regulatory Services Minn. Ct. App. 2015
- Minnesota Realty and Management LLC, Relator v. Minneapolis Department of Regulatory Services Minn. Ct. App. 2015
- Ralph A. Fredlund v. Eureka Township Board of Supervisors Minn. Ct. App. 2015
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Ralph A. Fredlund v. Eureka Township Board of Supervisors
Minn. Ct. App. 2015
“[W]hile issues of fact and legislative policy-making decisions should be left to the city’s determination, subject only to the broad limits of the arbitrary and capricious standard, the interpretation of an existing ordinance is a question of law for the court.” Frank’s Nursery Sales, (quotation omitted).
- RDNT, LLC v. City of Bloomington 861 N.W.2d 71 Minn. 2015
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RDNT, LLC v. City of Bloomington
861 N.W.2d 71
Minn. 2015
3 “[T]he interpretation of an existing ordinance is a question of law for the court.” Frank’s Nursery Sales
- Restore House, Inc. v. Helga Township Minn. Ct. App. 2014
- Restore House, Inc. v. Helga Township Minn. Ct. App. 2014
- Jeffery R. Schultz v. Scott A. Mende, and third party v. City of Madison Lake, third party Minn. Ct. App. 2014
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Jeffery R. Schultz v. Scott A. Mende, and third party v. City of Madison Lake, third party
Minn. Ct. App. 2014
SLS P’ (alteration in original) (quoting Frank’s Nursery Sales, - 09 (Minn. 1980)).
- City of Duluth v. 120 East Superior Street, Duluth, Minnesota Minn. Ct. App. 2014
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City of Duluth v. 120 East Superior Street, Duluth, Minnesota
Minn. Ct. App. 2014
Frank’s Nursery Sales, d 604, 608 (Minn. 1980); see also Minn. Stat. § 645.08(1) (2012) (providing that words and phrases are construed according to their common usage).
- In re Reichmann Land & Cattle, LLP 847 N.W.2d 42 Minn. Ct. App. 2014