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CITY OF PIPESTONE v. HALBERSMA

No. 49584.

294 N.W.2d 271 (1980)

CITY OF PIPESTONE, by Warren Spannaus, Attorney General of the State of Minnesota, Appellant, v. John HALBERSMA et al., Respondents, Edward Halbersma et al., Defendants.

Supreme Court of Minnesota.

April 18, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Gilbert S. Buffington, Sp. Asst. Atty. Gen., St. Paul, James H. Schaefer, Pipestone City Atty., Pipestone, for appellant.

Coulter, Nelson, Sullivan & Frevert, V. Owen Nelson, Mark Sullivan, and Wells H. Anderson, Minneapolis, for respondents.

Heard, considered and decided by the court en banc.

KELLY, Justice.

The City of Pipestone appeals from the district court's denial of its petition to condemn 91.4 acres of land in Gray Township, Pipestone County, Minnesota. The city seeks to exercise its power of eminent domain for the purpose of expanding its municipal airport. The district court, pursuant to a stipulated remand,1 held that although the city established that the taking was for a public purpose, it failed to establish a...

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