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McSHANE v. CITY OF FARIBAULT

No. 49531.

292 N.W.2d 253 (1980)

James W. McSHANE, et al., Respondents, v. CITY OF FARIBAULT, et al., Appellants, County of Rice, et al., Appellants.

Supreme Court of Minnesota.

April 4, 1980.

Attorney(s) appearing for the Case

Warren D. Chamberlain, Faribault, for City of Faribault.

R. Scott Hill, Faribault, for Rice County.

James R. Tschida, St. Paul, for respondents; David W. Nord, St. Paul, of counsel.

Stanley G. Peskar, St. Paul, for League of Minnesota Cities.

Smith, Carpenter, Petterson & Bailey and Jay R. Petterson, Bemidji, for City of Faribault, County of Rice and The Faribault and Rice County Joint Zoning Bd.

Eric W. Ingvaldson, St. Paul, for Minn. Dept. of Transp.

Oppenheimer, Wolff, Foster, Shepard & Donnelly and Michael Berens and Thomas W. Anderson, St. Paul, for Metropolitan Airports Commission.

Harstad & Rainbow, Minneapolis, for State, Aeronautics Div.

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

PETERSON, Justice.

Defendants City of Faribault, County of Rice, and the Faribault-Rice County Joint Airport Zoning Board appeal from a judgment issuing an alternative writ of mandamus compelling the city to initiate eminent domain proceedings with respect to approximately 42 acres of land owned by plaintiffs James McShane and members of his family and affected by zoning regulations adopted by the board. Plaintiffs had sued in the alternative for an injunction against...

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