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SOO LINE R. CO. v. MINN. DEPT. OF TRANSP.

No. 51126.

304 N.W.2d 301 (1981)

SOO LINE RAILROAD COMPANY, petitioner, Appellant, v. MINNESOTA DEPARTMENT OF TRANSPORTATION, Respondent, City of Bemidji, Respondent.

Supreme Court of Minnesota.

March 13, 1981.

Attorney(s) appearing for the Case

Wayne C. Serkland, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., and Gilbert S. Buffington, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Dept. of Transportation.

Eugene R. Ouradnik, City Atty., Bemidji, for City of Bemidji.

Heard, considered and decided by the court en banc.

YETKA, Justice.

On February 24, 1978, the City of Bemidji requested the Minnesota Department of Transportation to investigate the closing of the Irvine Avenue bridge over the Soo Line Railroad tracks. Proceedings were conducted before a hearing examiner who recommended that a new bridge, 18 feet wide, be built at the expense of Soo Line Railroad.

Soo Line filed exceptions to the hearing examiner's report with the Commissioner of the Minnesota Department of...

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