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COUNTY OF BLUE EARTH v. STAUFFENBERG

Nos. 47802 and 47858.

264 N.W.2d 647 (1978)

COUNTY OF BLUE EARTH, Respondent, v. Jerome C. STAUFFENBERG, et al., Defendants, Rudolph C. Borchert, et al., Appellants. Rudolph C. BORCHERT, et al., Appellants, v. COUNTY OF BLUE EARTH, Respondent, E. T. Niehaus, Contractor, Defendant.

Supreme Court of Minnesota.

March 31, 1978.

Attorney(s) appearing for the Case

Tuveson & Goldman and Robert C. Tuveson, Albert Lea, O. C. Adamson II and J. Richard Bland, Minneapolis, for appellants.

John F. Corbey, County Atty., Mankato, for respondent.

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

TODD, Justice.

The County of Blue Earth commenced condemnation proceedings for purposes of building a road across the property of Jerome and Viola Stauffenberg. The property is under contract for deed to Rudolph and Viola Borchert. The owners challenged the public necessity of the taking and unsuccessfully petitioned this court for discretionary review of the trial court's order finding public necessity. The owners' subsequent action to enjoin the construction of...

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