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CITY OF WOODBURY v. WOODBURY TP. CO.

No. 46996.

254 N.W.2d 385 (1977)

CITY OF WOODBURY, Respondent, v. WOODBURY TOWNSHIP COMPANY, Appellant, Federal Land Bank of St. Paul, Defendant.

Supreme Court of Minnesota.

May 20, 1977.

Attorney(s) appearing for the Case

John E. Daubney, St. Paul, for appellant.

Eckberg, Lammers, Briggs & Wolff and James F. Lammers, Stillwater, for respondent.

Heard before PETERSON, TODD and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

The Woodbury Township Company appeals from an order denying its motion for summary judgment in assessment proceedings and denying its motion to set aside eminent domain proceedings pursuant to Minn.St. 117.105, subd. 2. We affirm.

This appeal presents this issue:

Whether by failing to move to set aside the report under § 117.105, subd. 2, or to appeal the award in the report under § 117.145 within a period of 11 months, the...

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