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Koscielski v. City of Minneapolis

United States Court of Appeals for the Eighth Circuit

435 F.3d 898 (2005)

Relevant factsFree

Mark Koscielski (plaintiff) leased a Minneapolis site to run a firearms store; after his lease began, the city (defendant) enacted a moratorium on new firearms dealers, which it couldn't apply retroactively against him, followed by a permanent ordinance requiring firearms dealers to obtain special permits and locate away from day-care centers and churches, though Koscielski's existing store was grandfathered in. In 2002, his lease was terminated as part of an unrelated private redevelopment project with no city involvement, and after he couldn't relocate within the zoning rules, he leased a site in a zone barring firearms dealers and received a cease-and-desist order when he refused to comply. Koscielski sued, challenging the ordinance under the Due Process, Equal Protection, and Takings Clauses; the trial court granted the city summary judgment on all counts, and Koscielski appealed.

IssueFree

Whether a city ordinance restricting the location of firearms dealers will be upheld against due process and equal protection challenges if it is rationally related to a legitimate governmental purpose, and whether a takings claim against such an ordinance is ripe before the plaintiff has pursued an available state compensation procedure.

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