STATE v. WIDEN

No. 39,061.

268 Minn. 209 (1964)

128 N.W. (2d) 755

STATE, BY WALTER F. MONDALE, ATTORNEY GENERAL, v. WILFORD F. WIDEN AND OTHERS. ROBERT V. GISSELBECK, APPELLANT.

Supreme Court of Minnesota.

May 15, 1964.


Attorney(s) appearing for the Case

Dygert & Gunn, for appellant.

Walter F. Mondale, Attorney General, Perry Voldness, Deputy Attorney General, and Karl J. Herman, Special Assistant Attorney General, for respondent.


ROGOSHESKE, JUSTICE.

Appeal from an order denying the owners of land a new trial in a condemnation proceeding wherein the state acquired title to 1.08 acres of a 40-acre tract for highway purposes and modified the access to the part remaining by eliminating all direct access and granting a substitute access by way of a service drive.

The primary issue raised is whether the court erred in not permitting the jury to include in its award damages for a claimed...

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