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JOHNSON BROS. GROC. v. STATE DEPT. OF HIGHWAYS

No. 44925.

229 N.W.2d 504 (1975)

JOHNSON BROTHERS GROCERY, INC., Respondent, v. STATE of Minnesota, DEPARTMENT OF HIGHWAYS, By Warren SPANNAUS, Its Attorney General, and by Ray Lappegaard, Its Commissioner of Highways, Appellant.

Supreme Court of Minnesota.

May 9, 1975.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., Donald E. Notvik, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Rowland & Mertensotto and John C. Rowland, St. Paul, for respondent.

Considered and decided by the court en banc.

ROGOSHESKE, Justice.

Appeal from an order of the district court granting Johnson Brothers Grocery, Inc. (Johnson), a writ of mandamus compelling the State of Minnesota to commence condemnation proceedings to compensate Johnson for the constitutional taking effected by orders of the commissioner of highways closing an access opening to Interstate Highway No. 94 (I-94), a divided, four-lane, limited-access highway, formerly designated as Trunk Highway No. 12. We affirm...

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