STATE, BY HEAD v. SAVAGE

Nos. 46560-46564 and 47443-47447.

255 N.W.2d 32 (1977)

STATE of Minnesota, By Douglas M. HEAD, Its Attorney General, Appellant, v. Madge SAVAGE, et al., and Bernard R. Young, et al., Respondents-below, S.P. 7380 (94-392) 906; Parcel 14 — A. C. Petters; Parcel 18 — James Miller, et al.; Parcel 20 — Gerald Weyrens; Parcels 21 and 30 — Albert Backer, et al.; Parcel 22B — American Oil Co., Respondents.

Supreme Court of Minnesota.

May 20, 1977.


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.

Murphy, Provinzino, Neils & Connell and Thomas J. Murphy, St. Cloud, for respondents.

Heard before KELLY, TODD and WINTON, JJ., and considered and decided by the court en banc.


CRANE WINTON, Justice.*

This case comes here on appeals by the state from five orders denying new trials. The trial court granted costs, expenses, and attorneys fees incurred by landowners in eminent domain proceedings initiated by the state in 1968 but dismissed in 1970 before awards were filed with the trial court. Subsequently, judgments were entered on those orders, and the state appealed therefrom. All appeals have been consolidated...

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