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LOWRY HILL PROPERTIES, INC. v. STATE, BY HEAD

No. 43291.

200 N.W.2d 295 (1972)

LOWRY HILL PROPERTIES, INC., petitioner, Respondent, v. STATE of Minnesota, By Douglas M. HEAD, its attorney general, etc., Appellant.

Supreme Court of Minnesota.

August 11, 1972.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., Morton H. Letofsky and Tibor M. Gallo, Spec. Asst. Attys. Gen., St. Paul, for appellant.

Haverstock, Gray, Plant, Mooty & Anderson, Robert E. Bowen, Charles K. Dayton, and Andrew C. Selden, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, PETERSON, and MacLAUGHLIN, JJ.

PER CURIAM.

The State of Minnesota appeals from a judgment, pursuant to an order granting a peremptory writ of mandamus, directing it to institute condemnation proceedings in order to compensate petitioner, Lowry Hill Properties, Inc., for damages to its apartment buildings resulting from the shocks of pile driving in the construction of a highway in close proximity to petitioner's property.

This appeal is the second of several involving the disposition of...

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