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

No. 43252.

200 N.W.2d 297 (1972)

LOWRY HILL PROPERTIES, INC., petitioner, Respondent, v. STATE of Minnesota, By Douglas M. HEAD, its attorney general, etc., respondent-below and third-party plaintiff, Appellant, v. ASHBACH CONSTRUCTION CO., et al., third-party defendants, Respondents, Foley Brothers, Inc., and Oster & Pederson, a joint venture, third-party defendant, Respondent.

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 and Charles K. Dayton, Minneapolis, for Lowry Hill.

Meagher, Geer, Markham & Anderson, Mary Jeanne Coyne, and O. C. Adamson II, Minneapolis, for Ashbach Const. Co.

Maun, Hazel, Green, Hayes, Simon & Aretz, and Garrett E. Mulrooney, St. Paul, for Foley Bros. and others.

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

PER CURIAM.

Plaintiff-petitioner filed with the district court a petition for an alternative writ of mandamus requesting that the State of Minnesota be required to condemn certain property. Petitioner alleged that certain apartment buildings owned by it had been damaged as a result of shocks caused by pile driving in the construction of a highway near petitioner's property. A peremptory writ of mandamus was granted and the state appeals, contending (1) that pursuant...

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