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CITY OF MINNEAPOLIS v. SCHUTT

No. 47008.

256 N.W.2d 260 (1977)

The CITY OF MINNEAPOLIS, Petitioner, Respondent, v. Elizabeth SCHUTT et al., Respondents, The Towle Company et al., Defendants, The Mikulay Company, Inc., Appellant.

Supreme Court of Minnesota.

June 17, 1977.

Attorney(s) appearing for the Case

O'Connor & Hannan and Joe A. Walters and James R. Dorsey, Minneapolis, for appellant.

Walter J. Duffy, Jr., City Atty., Paul T. Aitken, Asst. City Atty., Minneapolis, for City of Minneapolis.

Johnson, Thompson, Klaverkamp & James, Bruce F. Thompson and Patrick J. McLaughlin, Minneapolis, for Elizabeth Schutt et al.

Heard before MacLAUGHLIN, SCOTT and STAHLER, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from a summary judgment in a condemnation proceeding. The action was begun by the city of Minneapolis on March 28, 1972, to condemn a portion of a parking ramp in downtown Minneapolis leased and operated by the appellant, The Mikulay Company, Inc. The condemnation commissioners awarded no damages to Mikulay for loss of "going-concern" value, whereupon Mikulay appealed to the district court.1 On cross-motions...

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