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VILLAGE OF MENDOTA HEIGHTS v. VILLAGE OF LILYDALE

Nos. 43490, 43504.

199 N.W.2d 803 (1972)

VILLAGE OF MENDOTA HEIGHTS, Appellant, v. VILLAGE OF LILYDALE, et al., Defendants, Village of Lilydale, Respondent. VILLAGE OF MENDOTA HEIGHTS, Appellant, v. VILLAGE OF LILYDALE, et al., Defendants, Inland Construction Corporation, Respondent.

Supreme Court of Minnesota.

July 28, 1972.

Attorney(s) appearing for the Case

Oppenheimer, Brown, Wolff, Leach & Foster, Sherman Winthrop and Craig Gagnon, St. Paul, for Village of Mendota Heights.

Thuet, Collins & Mitchell, So. St. Paul, for Village of Lilydale.

Larkin, Hoffman, Daly & Lindgren, and Robert J. Hennessey, Minneapolis, for Inland Construction Corp.

Heard and considered en banc.

OTIS, Justice.

These consolidated appeals arise from an action brought to establish the village boundaries of Mendota Heights and Lilydale in Dakota County. The trial court granted Lilydale summary judgment, holding that the five parcels which are the subject of this litigation were included within its corporate limits. In addition it granted defendant Inland Construction Corporation's motion to discharge a notice of lis pendens. Mendota Heights appeals, and we reverse...

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