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HENDRICKSON v. STATE

No. 38,692.

267 Minn. 436 (1964)

127 N.W. (2d) 165

H.O. HENDRICKSON AND OTHERS v. STATE AND OTHERS.

Supreme Court of Minnesota.

March 20, 1964.

Attorney(s) appearing for the Case

Nitzkowski & Bray, for appellants.

Walter F. Mondale, Attorney General, Rolf O. Slen and Perry Voldness, Deputy Attorneys General, William J. Young, Special Assistant Attorney General, and Sydney Berde, for respondents.

Donald L. Lais, Corporation Counsel, and Thomas J. Stearns, Assistant Corporation Counsel, for city of St. Paul, amicus curiae.

Richard E. Kyle, B.C. Hart, and David C. Forsberg, for Rose Building Corporation, amicus curiae.

OTIS, JUSTICE.

These proceedings were brought by Hendrickson and Brown as vendee and vendor of property abutting a "controlled access highway" in the outskirts of the city of Rochester. The relief sought is to require the state to institute condemnation proceedings, or in the alternative to pay plaintiffs damages, for denying them access to the main traveled portion of the highway which is newly constructed on the previously...

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