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COURTEAUS v. STATE, DEPT. OF HWYS., BY SPANNAUS

No. 48113.

268 N.W.2d 65 (1978)

COURTEAUS, INC., petitioner, Appellant, and Mounds Park Lounge, Inc., Robert J. Morrison and Mathew L. Pilla, petitioners, Appellants, v. STATE of Minnesota, DEPARTMENT OF HIGHWAYS, By Warren SPANNAUS, Its Attorney General, and by Ray Lappegaard, Its Commissioner of Highways, Respondents.

Supreme Court of Minnesota.

June 23, 1978.

Attorney(s) appearing for the Case

John C. Rowland, Rowland & Mertensotto, St. Paul, for appellants.

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

Heard before ROGOSHESKE, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

This is a consolidated appeal by two adjoining landowners from a refusal of the trial court to issue writs of mandamus to commence condemnation proceedings to compensate them for diminution of value in their real property upon their claim of a constitutional taking of their right of access to Interstate Highway No. 94 (I-94). We hold, contrary to petitioners' principal contention, that our prior decision upholding a compensable taking of lands...

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