No drawing accompanied the lease as submitted to the district court. The district court found the standing issue dispositive, declined to rule on whether the residential setback requirement applied to DeLite, and ordered that the city issue the permit. The city now challenges the district court's grant of summary judgment and asks this court to reverse summary judgment and the district court's determination that Tri-State lacked standing. I O N Summary judgment is appropriate when there is no genuine issue of material fact and one party is entitled to a judgment as a matter of law. There is no genuine issue of material fact and the case is ripe for summary judgment when the nonmoving party presents evidence which merely creates a metaphysical doubt as to a factual issue and which is not sufficiently probative with respect to an essential element of the nonmoving party's case.
Any doubt is resolved in favor of finding that a factual issue does exist.
Instead, they dispute the factual basis for the decision. The city council is entitled to rely on staff reports and unsworn testimony during city council meetings. City council members at a public hearing do not conduct hearings like formal trials. Respondent concedes that a municipality does not have to conduct public hearings like formal trials. Witnesses do not have to be sworn, credible hearsay reports can be allowed, and there are other informal differences between municipality hearings and court trials.