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TOWN OF EAGAN v. MINNESOTA MUNICIPAL COMM.

No. 39,584.

269 Minn. 239 (1964)

130 N.W.(2d) 525

TOWN OF EAGAN, DAKOTA COUNTY, v. MINNESOTA MUNICIPAL COMMISSION.

Supreme Court of Minnesota.

August 28, 1964.

Attorney(s) appearing for the Case

Joseph Robbie, Robert W. Johnson, and Terrance S. O'Toole, for appellant.

Luther M. Stalland, for respondent.

Grannis & Grannis, Vance B. Grannis, Jr., and David L. Grannis, Jr., for intervenor town of Burnsville.

NELSON, JUSTICE.

The town of Eagan, Dakota County, moves to dismiss an appeal pending before this court.

On August 29, 1961, Wallace Day, Robert Pomije, Peggy McElwain, and John Metcalf filed a petition with the Municipal Commission pursuant to Minn. St. 414.02 for the incorporation of the town of Burnsville along its territorial boundaries. On May 7, 1964, the commission issued an order approving incorporation, and an incorporation election was held on June...

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