THOMSEN v. STATE

No. 41576.

170 N.W.2d 575 (1969)

Fred L. THOMSEN, Respondent, v. STATE of Minnesota, by Douglas M. HEAD, its Attorney General, Appellant.

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, Sp. Asst. Atty. Gen., Richard H. Kyle, Sol. Gen., St. Paul, for appellant.

Spellacy, Spellacy & Lano, Grand Rapids, for respondent.


OPINION

PETERSON, Justice.

Appeal from a judgment directing the state to commence condemnation proceedings against plaintiff's land.

In 1954 plaintiff, a Coleraine building contractor, began constructing a home for himself on a triangular lot in the village of Coleraine. This lot was bounded on two sides by opened, usable streets, and the third side abutted on Corey Avenue, a street dedicated in 1906 but never opened. Coleraine had no building code...

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