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STATE v. SLOTNESS

No. 42485.

185 N.W.2d 530 (1971)

STATE of Minnesota, by Douglas M. HEAD, its Attorney General, Appellant, v. Oscar SLOTNESS, executor of the estate of Fred Robert Evens, decedent, et al., Respondents.

Supreme Court of Minnesota.

March 19, 1971.

Attorney(s) appearing for the Case

Douglas M. Head, Atty. Gen., Eric Schultz, Acting Deputy Atty. Gen., Jerry H. Ketola, Sp. Asst. Atty. Gen., Duluth, for appellant.

Bruess, Boyd, Andresen & Sullivan, Burke & McKeon, Duluth, for respondents.

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

OPINION

PETERSON, Justice.

A declaratory judgment action was instituted by the state, during the pendency of condemnation proceedings for the acquisition of land for interstate highway purposes, to determine whether the state must pay just compensation to the defendant condemnee for the taking of his land on the shore of Lake Superior. This appeal is from summary judgment adverse to the state.

The determinative issue is whether a riparian owner of...

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