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MATTER OF CITY OF SHAKOPEE

No. 50171.

295 N.W.2d 495 (1980)

In the Matter of the Petition in Eminent Domain Proceedings, by the CITY OF SHAKOPEE, a Municipal Corporation, by its City Council. The CITY OF SHAKOPEE, petitioner, Respondent, v. John R. CLARK, et al., Respondents — below, and Metropolitan Waste Control Commission, intervenor, Appellant.

Supreme Court of Minnesota.

June 13, 1980.

Attorney(s) appearing for the Case

Holmes & Graven, David L. Graven, and Larry M. Wertheim, Minneapolis, for appellant.

Julius A. Coller II, Shakopee, for respondent.

Heard before OTIS, KELLY, and WAHL, JJ., and considered and decided by the court en banc.

KELLY, Justice.

The City of Shakopee petitioned for condemnation of certain land for a street easement. Claiming an interest in the land, the Metropolitan Waste Control Commission (MWCC) intervened. After a hearing, the trial court found that the city had authority to condemn the land and ordered commissioners to ascertain compensation for the owners. The MWCC now appeals from that order. We reverse.

The Metropolitan Waste Control Commission (MWCC) is a subsidiary...

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