INDEPENDENT SCHOOL DISTRICT NO. 273 v. GROSS

No. 42719.

190 N.W.2d 651 (1971)

INDEPENDENT SCHOOL DISTRICT NO. 273, Appellant, v. Alfred A. GROSS, et al., Respondents, William J. Olsen, et al., Respondents, County of Hennepin, Respondent, Village of Edina, Respondent.

Supreme Court of Minnesota.

Rehearing Denied October 27, 1971.


Attorney(s) appearing for the Case

Best, Flanagan, Lewis, Simonet & Bellows and Harold C. Evarts, Minneapolis, for appellant.

Christian & Gross, Minneapolis, for Gross and others.

Karlins, Grossman, Karlins, Siegel & Brill, Minneapolis, for Olsen and others.

George Scott, County Atty., Minneapolis, for County of Hennepin.

Dorsey, Marquart, Windhorst, West & Halladay, Minneapolis, for Village of Edina.

Heard and considered en banc.


OPINION

MURPHY, Justice.

Appeal from an order and judgment of the district court (1) vacating a partial dismissal of condemnation proceedings by appellant-condemnor, Independent School District No. 273 in so far as the dismissal affected certain property owned by respondents Alfred A. Gross, William J. Olsen, and Deborah S. Olsen; (2) denying the condemnor's motion to allocate the commissioners' award as to part of such property; and (3) adjudging that respondents...

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