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STATE BY SPANNAUS v. LUTSEN RESORTS, INC.

No. 51164.

310 N.W.2d 495 (1981)

STATE of Minnesota, By Warren SPANNAUS, its Attorney General, petitioner, Appellant, v. LUTSEN RESORTS, INCORPORATED, et al., Melvin LeRoy Lingwall, et al., defendants, Respondents, Horace A. Lamb, et al., Respondents.

Supreme Court of Minnesota.

September 25, 1981.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen. and Lloyd J. Moosbrugger, Asst. Atty. Gen., St. Paul, Arthur O. Anselmo, Sp. Asst. Atty. Gen., Duluth, for appellant.

Melvin LeRoy Lingwall and Ruth E. Lingwall, pro se.

Horace A. and Linda M. Lamb, Lambs Campground & Resort, Schroeder, for respondents.

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

WAHL, Justice.

The State of Minnesota appeals from an order of the district court dismissing its petition to condemn an advertising sign owned by respondents Lambs and located on land belonging to respondents Lingwalls. The single narrow issue is whether the proposed condemnation denied Lambs equal protection of the laws or violates established principles of equity. We conclude that it does not and, therefore, we reverse and remand for further proceedings.

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