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CITY OF THIEF RIVER FALLS v. SWICK

No. 43451.

207 N.W.2d 356 (1973)

CITY OF THIEF RIVER FALLS, by its City Council, petitioner, Respondent, v. Dean C. SWICK, et al., Defendants, Chester S. Carlson and Eliesabeth Carlson, Appellants.

Supreme Court of Minnesota.

May 11, 1973.

Attorney(s) appearing for the Case

Myhre & Jorgenson and Arthur A. Drenckhahn, Warren, for appellants.

Wurst & McDowell, and Robert A. Wurst, Thief River Falls, for respondent.

Considered by KNUTSON, C. J., and OTIS, PETERSON, and KELLY, JJ.

PER CURIAM.

The issue presented on this appeal is whether Minn.St.1969, § 117.16, permitted the allowance of attorneys' fees incurred in inverse condemnation proceedings which were dismissed when the original condemnation was discontinued. The trial court denied recovery and we affirm.

In 1969, the city of Thief River Falls began condemnation proceedings to acquire appellants' land for a sewage treatment facility. Because the proposed use would affect...

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