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KRONSCHNABEL v. CITY OF SAINT PAUL

Nos. 39580, 39581.

137 N.W.2d 200 (1965)

George KRONSCHNABEL, on behalf of himself and other taxpayers similarly situated, and on behalf of the children of St. Paul, Respondent, v. CITY OF SAINT PAUL, Appellant, The Lutheran Church—Missouri Synod, intervenor, Appellant.

Supreme Court of Minnesota.

September 10, 1965.

Attorney(s) appearing for the Case

Stephen L. Maxwell, City Atty., Richard J. Battis, Asst. City Atty., St. Paul, for City of St. Paul.

Joseph J. Dudley, Richard E. Kyle and Richard H. Kyle, St. Paul, for intervenor.

Firestone, Fink, Krawetz, Miley & O'Neill, by James P. Miley, St. Paul, for respondent.

MURPHY, Justice.

This is an appeal from a judgment in a taxpayer's action against the city of Saint Paul permanently enjoining the city from transferring certain property to the intervenor for use of Concordia College. The city and the intervenor, as appellants, contend that the trial court was in error in determining that the property was held by the city for governmental purposes and could not be transferred without legislative approval.

The facts in the...

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