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VILLAGE OF BURNSVILLE v. WESTWOOD COMPANY

No. 42614-5.

189 N.W.2d 392 (1971)

VILLAGE OF BURNSVILLE and Kenneth Stocke, et al., Plaintiffs, v. WESTWOOD COMPANY, et al., White Investment Company, et al., Respondents, H. K. and Dorothy R. Peterson, intervenors, Appellants.

Supreme Court of Minnesota.

Rehearing Denied September 13, 1971.

Attorney(s) appearing for the Case

Van Valkenburg, Moss & Flaherty, Minneapolis, for appellants.

Cant, Haverstock, Gray, Plant & Mooty and James Simonson, Minneapolis, for respondents.

Heard before KNUTSON, C. J., and NELSON, OTIS, ROGOSHESKE, and PETERSON, JJ.

OPINION

NELSON, Justice.

These appeals arise out of two actions begun in 1967, which were consolidated for trial and for appeal. One action was brought by the village of Burnsville and the other by some 90 property owners, all residents of Whitewood Addition in Burnsville, both seeking a judgment that a water supply system permit granted by the township of Burnsville on April 4, 1961, was of no legal effect.

The complaints alleged inadequacy of water...

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