STATE v. MICHELSON

No. 41508.

170 N.W.2d 442 (1969)

STATE of Minnesota, by Robert W. MATTSON, its Attorney General, Appellant, v. Carmen B. MICHELSON, et al., Respondents-below, Elmer C. Hall, et al., Respondents.

Supreme Court of Minnesota.

September 5, 1969.


Attorney(s) appearing for the Case

Douglas M. Head, Atty. Gen., Donn D. Christensen, Deputy Atty. Gen., James M. Kelley, Spec. Asst. Atty. Gen., Richard H. Kyle, Sol. Gen., St. Paul, for appellant.

Christian, Slen, Savelkoul, Johnson & Broberg, Hanson & Grinley, Albert Lea, for respondents.

Heard before KNUTSON, C. J., and MURPHY, ROGOSHESKE, SHERAN, and PETERSON, JJ.


OPINION

PER CURIAM.

The state, seeking a new trial in a condemnation proceeding, undertakes to resolve this legal issue: Whether, when a portion of a farm is acquired by the state for the construction of a diamond interchange forming a portion of an interstate highway, absent evidence of an actual change in the physical characteristics of the property remaining, evidence as to the remaining property's enhanced value occasioned by its proximity to the interchange...

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