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CURRELL v. STATE, DEPT. OF TRANSP.

No. 49297.

290 N.W.2d 772 (1980)

John L. CURRELL, Respondent, v. STATE of Minnesota, DEPARTMENT OF TRANSPORTATION, by Warren Spannaus, Its Attorney General, and by James Harrington, Its Commissioner of Transportation, Appellant.

Supreme Court of Minnesota.

March 21, 1980.

Attorney(s) appearing for the Case

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

D. D. Wozniak, St. Paul, for respondent.

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

ROGOSHESKE, Justice.

The State of Minnesota appeals from an order of the district court denying its alternative motion for amended findings of fact, conclusions of law, and order for judgment or a new trial in a mandamus proceeding brought by landowner John L. Currell to compel the state to initiate condemnation proceedings for a taking of highway access. The sole issue raised is whether the owner of land abutting a frontage road must be compensated for a taking when...

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