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FOOTE v. CITY OF CROSBY

No. 50574.

306 N.W.2d 883 (1981)

Gene FOOTE, et al., Respondents, v. CITY OF CROSBY, Appellant.

Supreme Court of Minnesota.

Rehearing Denied August 5, 1981.

Attorney(s) appearing for the Case

Witter & Wendland, Crosby, for appellant.

Erickson, Casey & Erickson, Brainerd, for respondents.

Warren Spannaus, Atty. Gen., and Louis Robards, Sp. Asst. Atty. Gen., St. Paul, amicus curiae.

Considered and decided by the court en banc without oral argument.

TODD, Justice.

Defendant City of Crosby appeals from an order of the Crow Wing County District Court refusing to dissolve a temporary injunction and making that temporary injunction permanent. The sole issue on appeal is whether the trial court erred by enjoining the city from removing shade trees located within the platted right-of-way of a city street as part of a municipal street improvement project. The trial court's injunction was based on the theory that the...

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