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<br /> <br />an <br /> <br />tablished in to limited information <br />mental protection agencies. (Source: lEE <br /> <br /> <br />not been es- <br />to enVlron- <br />Crematory). <br /> <br />(11 As submitted the applicant, the proposed use would negatively <br />fect the character of the neighborhood due to the nature of the pro- <br />posed use, the intensity of the proposed use, the proximity of the <br />residential properties, natural resources, and public facilities abutting <br />or in close proximity to the subject parcel, and inability to tash- <br />ion practical terms and conditions tllr the proposed use to protect <br />general health, safety public welfare of the neighborhood and <br />communIty. <br /> <br />Hoff AfT, Ex. E.27 <br /> <br />Applicant then sued in district court, claiming that the City's action was ar- <br /> <br />bitrary and capricious?S The court decided that the City's decision was "sup- <br /> <br />ported by specific findings related to legitimate concerns for public health, safety <br /> <br />and weltare" and that the City "acted reasonably and within its discretion <br /> <br />2~ 5"J' _ '''''1_77'\ <br />e '- "'-~ _ f -r _ I _' . <br /> <br />28 500 .' _ 7 ~ 7 ~ <br />L- L- L"\. r ~ ii __ . <br /> <br />5 <br />