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STATE BY POWDERLY v. ERICKSON

No. 51155.

301 N.W.2d 324 (1981)

STATE of Minnesota, By Edward POWDERLY et al., Plaintiffs, Maxine Pflueger, Appellant, Friends of History, Inc., Intervenor, v. Claire ERICKSON et al, Respondents, City of Red Wing, Respondent, John Doe et al, Respondents.

Supreme Court of Minnesota.

Rehearing Denied February 17, 1981.

Attorney(s) appearing for the Case

Donald J. Heffernan, Minneapolis, for appellant.

Grossman, Karlins, Siegel & Brill, J. E. Brill, Jr., and Thomas H. Goodman, Minneapolis, for Claire Erickson & Erickson Diversified Corp.

Patrick Costello, City Atty., Red Wing, for The City of Red Wing.

Warren Spannaus, Atty. Gen., and Richard B. Allyn, Chief Deputy Atty. Gen., St. Paul, amici curiae for State of Minnesota and Minnesota Historical Society.

Leonard, Street & Deinard and Byron E. Starns, Special Atty., Minneapolis, for State of Minnesota and Minnesota Historical Society; Charles Skrief, Minnesota Historical Society, St. Paul, of counsel.

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

OTIS, Justice.

The subject of this protracted litigation is the proposed demolition of two historic row houses in Red Wing. In the first appeal, State, by Powderly v. Erickson, 285 N.W.2d 84 (Minn.1979), this court found that the row houses were an historical resource within the meaning of the Minnesota Environmental Rights Act (MERA), Minn.Stat. §§ 116B.01-.13 (1980), that defendants Erickson and Erickson Diversified...

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