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2. That Defendants are permanently enjoined from refusing <br />to issue a building permit to Plaintiffs to construct their proposed • <br />•home on the subject property. <br />- -The attached Memorandum is made part of this order. • <br />Dated at St. Paul, Minnesota, <br />this 13th day of'February, 1984. <br />M E M O R A N D U • <br />JUDGE OF DISTRICT COUFP <br />M' <br />This matter iii before the Court on Plaintiffs' motion for <br />partial summary judgment. Both sides agree that there are no material <br />facts in dispute. In early 1983, Plaintiff Cool Neighbor Care Centers, <br />Inc., proposed to build a. residential home for t.e elderly in Little <br />Canada. It was contemplated that the home would have two living <br />areas, two kitchens, five bedrooms and six bathrooms (or half- <br />bathrooms), and would be occupied. by four elderly and physically <br />handicapped persons, and two "houseparents ", who would be responsible <br />for the residents' care arid who would be on the premises 24 hours a <br />day and maintain the home as their permanent legal residence. <br />On September. 7.4, the Little Canada City Council denied Good <br />Neighbor's application for a building permit for the horse on the ground <br />that the proposed use is in violation of the limitations applicable in <br />an R -1 zone. <br />Following the city council's action, Good Neighbor commenced <br />this action for declaratory and injunctive relief, and damages and <br />- 3 - <br />