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HARRIS v. STATE

No. 49308.

289 N.W.2d 725 (1980)

Rutherford HARRIS et al, Respondents, v. STATE of Minnesota, Appellant, City of Virginia, Respondent, Independent School District No. 706, Virginia, Minnesota, Respondent, Oglebay Norton Company, Respondent, Duluth Missabe and Iron Range Railway Company et al, Defendants.

Supreme Court of Minnesota.

January 18, 1980.

Attorney(s) appearing for the Case

Alan L. Mitchell, County Atty., and Leo M. McDonnell, Asst. County Atty., Duluth, Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., Philip J. Olfelt, Asst. Atty. Gen., and Donald J. Paquette, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Fryberger, Buchanan, Smith, Sanford & Frederick, Harold A. Frederick and Edward J. Wegerson, Duluth, for Harris, et al.

Jerry H. Ketola, City Atty., Virginia, for City of Virginia.

Vernon D. Saxhaug, Virginia, for Ind. Sch. Dist. No. 706.

Gilbert W. Harries and John D. Kelly, Duluth, for Oglebay Norton Co.

Heard, considered and decided by the court en banc.

OTIS, Justice.

The state appeals from an order granting a new trial in an action to determine adverse claims and quiet title to property in St. Louis County which contains substantial deposits of taconite.

In 1963 the state and its lessee commenced a Torrens proceeding to register title based on a forfeiture for nonpayment of 1932 taxes. The proceeding was dismissed after the plaintiffs, asserting fee title rooted in a chain running back into the 1800's, notified...

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