DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212941P.pdf 07/05/2022 Jay Nygard v. City of Orono
U.S. Court of Appeals Case No: 21-2941
U.S. District Court for the District of Minnesota
[PUBLISHED] [Gruender, Author, with Benton and Erickson, Circuit Judges]
Civil case - Civil rights. The city zoning ordinance regarding permits for
building projects was not unconstitutionally vague, and the district court
did not err in dismissing plaintiffs' as-applied vagueness challenge; the
district court did not err in dismissing plaintiffs' abuse-of-process
claims because such claims target the misuse of the legal process, not a
city's permitting process; the district court did not err in dismissing
plaintiff Jay Nygard's malicious prosecution claim as the city had a
reasonable belief that probable cause existed to prosecute him based on
state court judge's finding of probable cause; however, plaintiffs have
sufficiently alleged a lack of probable cause to prosecute plaintiff
Kendall Nygard as city officials had no knowledge of her involvement in
the disputed activities and they failed to investigate it before moving to
prosecute her; the dismissal of her malicious prosecution is reversed, and
the matter is remanded for further proceedings.