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RECKE v. STATE

No. 44107.

215 N.W.2d 786 (1974)

Regina RECKE, Individually, and d.b.a. Prairie Motel, Appellant, v. STATE of Minnesota, Its Attorney General, Warren Spannaus, et al., Respondents.

Supreme Court of Minnesota.

March 15, 1974.

Attorney(s) appearing for the Case

Wurst, Bundlie, Carroll & Crouch and Donald R. Bundlie, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., John C. Jeppesen, Sp. Asst. Atty. Gen., St. Paul, for respondents.

Heard before KNUTSON, C. J., and KELLY, MacLAUGHLIN, and MULALLY, JJ., and considered and decided by the court.

MacLAUGHLIN, Justice.

Plaintiff, Regina Recke, d.b.a. Prairie Motel, petitioned for a writ of mandamus compelling defendant, State of Minnesota, to commence condemnation proceedings to compensate her for diminution in the value of her motel caused by defendant's relocation and reconstruction of State Highways No. 169 and No. 212. The trial court denied the petition on the ground that the damages sustained by plaintiff are not constitutionally compensable. We affirm...

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