STATE, BY POWDERLY v. ERICKSON

No. 49708.

285 N.W.2d 84 (1979)

STATE of Minnesota, By Edward POWDERLY, Martha Wasmund and Maxine Pfleuger, Plaintiffs, Maxine Pfleuger, Appellant, and Friends of History, Inc., etc., intervenor, Appellant, v. Claire ERICKSON and Erickson Diversified Corp., Respondents, City of Red Wing, Respondent, John Doe and Mary Roe, Defendants.

Supreme Court of Minnesota.

October 12, 1979.


Attorney(s) appearing for the Case

Connolly & Heffernan, and Donald J. Heffernan, St. Paul, for appellants.

Grossman, Karlins, Siegel & Brill, Josiah E. Brill, Jr., and Thomas H. Goodman, Minneapolis, for Erickson, et al.

Patrick J. Costello, City Atty., and Henry L. Miller, Asst. City Atty., Red Wing, for City of Red Wing.

Warren Spannaus, Atty. Gen., Byron E. Starns, Chief Deputy Atty. Gen., and Karen G. Schanfield, Sp. Asst. Atty. Gen., State of Minnesota and Minnesota Historical Society, St. Paul, for amici curiae; Charles W. Skrief, St. Paul, of counsel.

Heard, considered, and decided by the court en banc.


WAHL, Justice.

Plaintiffs appeal from an order of the Goodhue County District Court refusing to enjoin demolition of two row houses in Red Wing. They challenge the court's denial of the application for intervention of the Friends of History, Inc. and the court's findings that the demolition permit was valid, that defendants have established that there was no feasible and prudent alternative, and that demolition is consistent with and reasonably required for the promotion...

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