GIBSON v. COMMISSIONER OF HIGHWAYS

No. 42181.

178 N.W.2d 727 (1970)

Stanley J. GIBSON, individually and on behalf of the Estate of Josephine Sazenski, Appellant, v. COMMISSIONER OF HIGHWAYS of the State of Minnesota, N. Ted Waldor, Respondent.

Supreme Court of Minnesota.

July 3, 1970.


Attorney(s) appearing for the Case

James Malcolm Williams, Minneapolis, for appellant.

Douglas Head, Atty. Gen., Richard H. Kyle, Deputy Atty. Gen., John E. Drawz and Leland Frankman, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, WILLIAM P. MURPHY, OTIS, and JAMES F. MURPHY, JJ.


OPINION

NELSON, Justice.

Appeal from a judgment of the district court denying to petitioner-appellant, Stanley J. Gibson, a writ of mandamus to compel the State Department of Highways to reopen a condemnation proceeding; to include therein property of which appellant is lessee; and to appoint appraisers to determine the amount of damages sustained by petitioner and the owner.

In May 1964 appellant and...

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