Koscielski v. City Of Minneapolis

435 F.3d 898 (2005)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P opened a firearms dealership in D. Two months later, D enacted a moratorium prohibiting firearms dealers from locating, relocating, or expanding within the city. D unsuccessfully attempted to apply the moratorium retroactively. D then enacted zoning ordinances requiring firearms dealers to obtain conditional use permits and locate within particular zones and only in locations sufficiently distant from daycare centers and churches. P's dealership was grandfathered as a nonconforming use and therefore was permitted to remain even though it was located near both a daycare center and a church. P's lease was canceled, and he was unable to obtain a lease in an allowed zone. P then leased a site in a zone that does not permit firearms retailers. D issued a cease and desist order, and P filed suit on due process, equal protection, and takings grounds, claiming the zoning ordinances impermissibly prohibit firearms retailers from locating within the city. The court granted summary judgment to D and P appealed.