COUNTY OF FREEBORN v. CLAUSSEN

No. 43326.

203 N.W.2d 323 (1972)

COUNTY OF FREEBORN, Appellant, v. Delmon CLAUSSEN, Respondent.

Supreme Court of Minnesota.

December 15, 1972.


Attorney(s) appearing for the Case

Robert C. Tuveson, County Atty., Bob A. Goldman, Asst. County Atty., Albert Lea, for appellant.

Christian, Slen, Savelkoul, Johnson & Broberg and Rolf O. Slen, Albert Lea, for respondent.

Louis W. Claeson, Jr., Minneapolis, amicus curiae.

Heard and considered en banc.


MacLAUGHLIN, Justice.

This is an appeal by Freeborn County from a denial of a motion for a new trial. The county commenced an action to restrain defendant, Delmon Claussen, from constructing a building on his land. A preliminary restraining order was issued and the case was heard on the merits. The trial court ruled against the county and dismissed the complaint with prejudice. We reverse.

In 1964, defendant purchased from his parents an 8.78-acre tract of...

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