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On all the files, records and proceedings herein, the <br />Court, being fully advised in the premises, makes this order, pursuant <br />to R. Civ. Pro. 56.04, finding that the following facts appear to be <br />without substantial controversy: <br />1. Plaintiffs Good Neighbor Care Centers, Inc., and <br />Treeland, Inc., are Minnesota corporations. <br />2. Plaintiff Good Neighbor owns and opera.tes.facilities <br />which provide boarding, supervision, recreation, socialization, and <br />medical and nursing care to elderly persons. <br />3. Plaintiff Treeland is engaged in the building con- <br />struction and contracting business. <br />4. Treeland is the vendor and Good Neighbor is the vendee <br />on a contingent contract for the sale of a parcel of real property <br />located at 2409 Edgerton Street, Little Canada, 'Ci.nnesota, The <br />property is located in an "R -•1, Single Family Residential" zoning <br />district. <br />5. Plaintiff Good Neighbor intends to construct a single- <br />family home to be occupied by four elderly and physically handicapped <br />persons, and by two "houseparents ", who t:'ou1d be on the premises <br />24 hours a day and would maintain the home as their permanent legal <br />residence. The houseparents and other employees of•Good Neighbor • <br />would provide around-the-clock boarding, supervision, recreation, <br />socialization and medical and nursing care to the home's residents. <br />6. On September 1.4, 1983, the Little Canada City Council <br />denied Good Neicihbor's application for a building permit. <br />IT IS HEREBY ORDERED: <br />1. That Plaintiffs' Motion for Partial Summary Judgment on <br />Cc',unt I of Plaintiffs' Comolaint is granted.. <br />