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CITY OF MANKATO v. HILGERS

Nos. 51627, 51761.

313 N.W.2d 610 (1981)

CITY OF MANKATO, Appellant, v. Paul HILGERS, et al., Respondents.

Supreme Court of Minnesota.

December 17, 1981.

Attorney(s) appearing for the Case

Grose, Von Holtum, Von Holtum, Sieben & Schmidt and David N. Hand, Worthington, for appellant.

Johnson, Essling, Williams, Essling & Daly and Dennis D. Daly, Jr., St. Paul, Theodore R. Mellby, Montgomery, for respondents.

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

AMDAHL, Justice.

Petitioner City of Mankato (City) appeals from a judgment awarding respondents Paul and Loretta Hilgers $135,000 as compensation for condemnation of real property and from an order requiring it to pay three-fourths of the jury award to the Hilgers pending this appeal. The principal issues are whether the district court exceeded its authority by ordering amendment of the condemnation petition to expand the interest condemned from an easement to a fee...

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