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METROPOLITAN SEWER BOARD v. MOORE

No. 44567.

226 N.W.2d 314 (1975)

METROPOLITAN SEWER BOARD, Appellant, v. Bill J. MOORE, et al., Respondents, Dewey Lagemann, et al., Defendants.

Supreme Court of Minnesota.

February 14, 1975.

Attorney(s) appearing for the Case

Hauge & Hoey and Paul H. Hauge, Eagan, for appellant.

Russell L. Streefland, A. Leonard Bentson, Burnsville, for respondents.

Heard before SHERAN, C. J., and ROGOSHESKE and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

This is an eminent domain proceeding initiated by Metropolitan Sewer Board in December 1970 for the purpose of acquiring a perpetual easement for sanitary sewer purposes over and across certain real estate1 owned by respondents Bill J. Moore and Anna M. Moore.2 In January 1971, the petition for the above condemnation was approved by the district court...

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