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.