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KLICKER v. STATE

No. 43094.

197 N.W.2d 434 (1972)

Ernest KLICKER, et al., Appellants, v. STATE of Minnesota, et al., Respondents, Minnesota Environmental Control Citizens Association, Defendant-in-Intervention, Respondent.

Supreme Court of Minnesota.

April 21, 1972.

Attorney(s) appearing for the Case

Gislason, Alsop, Dosland & Hunter, New Ulm, for appellants.

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., St. Paul, for the State and others.

Marvin G. Lind, St. Paul, for Minn. Env. Control Citizens Assoc.

Heard before KNUTSON, C. J., and ROGOSHESKE, TODD, and MASON, JJ.

MILTON D. MASON, Justice.*

Plaintiffs appeal from a judgment entered pursuant to an order dismissing that portion of their complaint which alleges that Minn.St.1969, c. 173, constitutes a taking of property rights without just compensation. The action was for declaratory and injunctive relief.

The questions for determination are: (1) May appellants attack the constitutionality of Minn.St.1969, c. 173, by presenting evidence that...

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