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STATE v. CHRISTOPHER

No. 41355.

170 N.W.2d 95 (1969)

STATE of Minnesota by Douglas M. HEAD, its Attorney General, Respondent, v. Harold C. CHRISTOPHER, et al., Respondents-below, Minneapolis Park Board, Appellant.

Supreme Court of Minnesota.

August 1, 1969.

Attorney(s) appearing for the Case

Raymond A. Haik, Popham, Haik, Schnobrich, Kaufman & Doty, and Robert A. Minish, Edward J. Gearty, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Norman R. Carpenter, Deputy Atty. Gen., James M. Kelley, Sp. Asst. Atty. Gen., for respondent.

Peterson & Popovich, St. Paul, amicus curiae, Minnesota School Boards Assn.

Friedell, Share & Solomon, Minneapolis, amicus curiae, Sierra Club.

OPINION

MURPHY, Justice.

This matter is before us on discretionary review of a district court order granting the State of Minnesota's petition to condemn certain park property located in the city of Minneapolis for trunk highway purposes. Rule 105, Rules of Civil Appellate Procedure. The court found that the proposed taking appeared necessary and was authorized by law and appointed commissioners to ascertain and report the damage resulting from the taking...

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