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CITY OF NEW PRAGUE, CTY. OF SCOTT v. HENDRICKS

No. 48971.

286 N.W.2d 696 (1979)

CITY OF NEW PRAGUE, COUNTY OF SCOTT, Minnesota, Petitioners, Respondents, v. Ralph W. HENDRICKS et al., Defendants, Thomas E. Topka, B. J. Novotny, Margaret E. Novotny and Eclipse Enterprises, Inc., Appellants, Richard J. Kratochvil, Defendant.

Supreme Court of Minnesota.

October 19, 1979.

Attorney(s) appearing for the Case

Robert A. Nicklaus, Chaska, for appellants.

O'Neill, Goggins & Traxler and Robert O. O'Neill, New Prague, for respondents.

Heard before YETKA, SCOTT, and WAHL, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

This case commenced with a petition for condemnation filed by the New Prague city attorney in the name of the city to acquire right-of-way easements for County State Aid Highway 37 ("CSAH 37"). Some of the landowners whose property was to be condemned, including appellants, filed objections to the petition. The matter was heard by the Scott County District Court, which held that the allegations of the petition were true; that proper procedures had...

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