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Koscielski v. City of Minneapolis

United States Court of Appeals for the Eighth Circuit
435 F.3d 898 (2006)


Mark Koscielski (plaintiff) leased a site within the Minneapolis, Minnesota city limits to operate a firearms store. The City of Minneapolis (the City) (defendant) thereafter enacted a moratorium prohibiting firearms dealers from locating within the city limits, but was unsuccessful in applying the moratorium retroactively against Koscielski. The City then enacted a new ordinance requiring firearms dealers to obtain special use permits and locate within particular areas sufficiently distant from day care centers and churches. However, Koscielski’s firearms store was allowed to continue operating under the old ordinance. In 2002, Koscielski’s lease was terminated as part of a larger private redevelopment project. The City played no part in the cancellation of the lease. After unsuccessfully attempting to relocate his firearms store in accordance with the City’s zoning restrictions, Koscielski leased a site in a zone which did not permit firearms dealers. The City issued a cease and desist order. Koscielski did not comply and filed suit against the City challenging the zoning ordinance on the ground that it violated the Due Process Clause, Equal Protection Clause, and the Takings Clause of the U.S. Constitution. The trial court granted the City’s motion for summary judgment on all counts. Koscielski appealed.

Rule of Law


Holding and Reasoning (Bye, C.J.)

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