U. S. FIRE INS. v. MINN. STATE ZOO. BD.

No. 51819.

307 N.W.2d 490 (1981)

UNITED STATES FIRE INSURANCE COMPANY, et al., Appellants, Marquette National Bank of Minneapolis, et al., Appellants, Mid America State Bank of Highland Park, et al., Appellants, v. MINNESOTA STATE ZOOLOGICAL BOARD, et al., Respondents.

Supreme Court of Minnesota.

July 2, 1981.


Attorney(s) appearing for the Case

White & Case, Laura B. Hoguet and Richard G. Greco, New York City, for United States Fire Ins. Co., et al.

Levitt, Palmer, Bowen, Rotman & Share, J. Patrick McDavitt and Matthew L. Levitt, Minneapolis, for United States Fire Ins. Co., et al., and Marquette Nat. Bank of Minneapolis, et al.

Winthrop, Weinstine & Sexton and Thomas J. Sexton, St. Paul, for Mid America State Bank of Highland Park, et al.

Warren Spannaus, Atty. Gen., and Richard S. Slowes, Sp. Asst. Atty. Gen., St. Paul, for respondents.

Oppenheimer, Wolff, Foster, Shepard & Donnelly, Elmer B. Trousdale and Edward M. Laine, St. Paul, on behalf of Smith Barney, Harris Upham and Co., Inc., amicus curiae.

Heard, considered, and decided by the court en banc.


OPINION

TODD, Justice.

The Minnesota Legislature created a State Zoological Board to administer a new zoo. Originally, the Zoo Board was given a standing appropriation. In 1977, the funding was changed to require biennial appropriations. Also, in 1977, the legislature authorized the Zoo Board to acquire a ride facility to enhance the public's ability to view the zoo but provided no appropriation to fund the acquisition...

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