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COUNTY OF FREEBORN v. BRYSON

No. 50214.

294 N.W.2d 851 (1980)

COUNTY OF FREEBORN, by Its County Attorney, Respondent, v. William H. BRYSON, et al., Appellants, and State of Minnesota, by William H. Bryson, et al., Appellants. STATE of Minnesota, by Warren Spannaus, Its Attorney General, Intervenor, v. COUNTY OF FREEBORN, et al., Respondents.

Supreme Court of Minnesota.

July 3, 1980.

Attorney(s) appearing for the Case

Christian, Slen, Savelkoul, Johnson, Broberg & Kohl and Rolf O. Slen, Albert Lea, for appellants.

Paul G. Morreim, County Atty., Albert Lea, for respondent.

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

PETERSON, Justice.

Appellants William H. and Arlene Bryson, landowners in this eminent domain proceeding, appeal from an order of the district court denying their motion for an award of costs and attorneys fees against respondent, County of Freeborn.

This matter has been before us on two prior occasions. Respondent originally brought an action to condemn land for a roadway through a marsh owned by appellants. However, in County of Freeborn v. Bryson (Bryson...

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