STATE, BY MATTSON v. COLON

No. 42814.

194 N.W.2d 574 (1972)

STATE of Minnesota, by Robert W. MATTSON, its Attorney General, Appellant, City of Albert Lea, Petitioner, v. Vernon R. COLON et al., Respondents-below, J. D. Kelley and J. W. Morgan, as partners, d.b.a. Kelley and Morgan Associates, Respondents.

Supreme Court of Minnesota.

January 21, 1972.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., Jerome D. Truhn, Sol. Gen., Gregory Carlson, Gary H. Peterson, Spec. Asst. Attys. Gen., St. Paul, for appellant.

T. Christian, Slen, Savelkoul, Johnson & Broberg, Hanson & Grinley, Albert Lea, for respondents.

Heard and considered en banc.


OPINION

KELLY, Justice.

This case involves the condemnation for highway purposes of a portion of respondents' land. The state appeals from an order denying its motion for a new trial. The thrust of the state's appeal is that the lower court erred in refusing to submit to the jury the issue of whether special benefits inured to the remainder of the land and that the court should have allowed testimony and other evidence as to the value of those claimed benefits...

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