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  5. 309 N.W.2d 40 (1981)
 

JASAKA CO. v. CITY OF ST. PAUL

Nos. 50317, 51759.

309 N.W.2d 40 (1981)

JASAKA COMPANY, Respondent, v. CITY OF ST. PAUL, Appellant, Pritchard Tower Erection, Inc., Defendant.

Supreme Court of Minnesota.

August 14, 1981.

Attorney(s) appearing for the Case

Edward P. Starr, City Atty., and Jerome J. Segal, Asst. City Atty., St. Paul, for appellant.

Briggs & Morgan, R. Scott Davies and Ronald Abrams, Minneapolis, for Jasaka Company.

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

OTIS, Justice.

This is the second appeal in this litigation. Earlier we remanded the case to give the City of St. Paul an opportunity to reconsider its denial of Jasaka Company's petition to vacate an unopened street. The City declined to act.

The district court, on August 5, 1980, confirmed its previous decision: (1) ordering Jasaka to remove its nearly completed radio tower, one leg of which encroaches upon a platted, unopened street; (2) ordering the City...

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