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METROPOLITAN SEWER BOARD v. THISS

No. 43278.

200 N.W.2d 396 (1972)

METROPOLITAN SEWER BOARD, Appellant, v. Thomas N. THISS, et al., Respondents-below, Minnetonka Country Club Association, Inc., Respondent.

Supreme Court of Minnesota.

July 28, 1972.

Attorney(s) appearing for the Case

Dorsey, Marquart, Windhorst, West & Halladay, and Edward J. Schwartzbauer, Minneapolis, Kelly, Odell & Penberthy and Gary Larson, Excelsior, for appellant.

Smith, Person & Doherty, St. Paul, for Minnetonka Country Club.

Heard before KNUTSON, C. J., and OTIS, KELLY, and GUNN, JJ.

KELLY, Justice.

The Metropolitan Sewer Board (MSB) appeals from a judgment of the district court determining that MSB's exercise of eminent domain was not authorized by law. MSB initiated the proceedings by petitioning the district court to acquire temporary construction easements, permanent easements and a perpetual right-of-way through certain parcels of land to build a sewer system in the Lake Minnetonka area. A portion of the proposed sewer line would cross five...

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