Nature of the Case
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Facts
D planned to operate a home for mentally retarded adults in Two Harbors, Minnesota. D purchased land in a new subdivision platted in 1977 and 1978. Since the platting, approximately 20 single-family residences have been constructed. All six plaintiffs reside there. The subdivision is zoned R-2, which permits one- and two-family dwellings. In addition, the City imposed restrictive covenants on the property, limiting usage to one dwelling and one garage. D's home would be the only facility in all of Lake County to provide a home for mentally retarded adults. Six retarded adults and their house parents would live in the home. The building would be indistinguishable from any other single-family dwelling in the subdivision. The interior would have five bedrooms, three baths, a living room, a dining room, a kitchen, a basement utility-furnace-storage area, and a basement recreation room. All residents would live together as a family, sharing all parts of the house except individual bedrooms. The purpose of the home is to provide a non-institutional living situation for mentally retarded adults. All of the residents, including the house parents, would share in such family functions as preparing and eating meals, planning outings, and performing household duties, all in compliance with applicable state regulations. D obtained all the necessary permits for the home. The Minnesota Attorney General issued a legal opinion that under the statutes, a state-licensed group home serving six or fewer mentally retarded persons shall be considered a single-family residential use for the purpose of zoning. One week after the zoning permit was granted, Ps obtained ex parte a temporary restraining order against construction of the group home while they sought a temporary injunction. The Court denied both the motion for a temporary injunction. Ps appealed.
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