ALEVIZOS v. METROPOLITAN AIRPORTS COMMISSION

No. 51059.

317 N.W.2d 352 (1982)

James H. ALEVIZOS, et al., Petitioners, Frank L. Ario, et al., petitioners, Appellants, v. METROPOLITAN AIRPORTS COMMISSION, Respondent.

Supreme Court of Minnesota.

March 26, 1982.


Attorney(s) appearing for the Case

Olson, Gunn & Seran, Richard J. Gunn, William D. Gunn and Russell A. Sorenson, Minneapolis, for appellants.

Oppenheimer, Wolff, Foster, Shepard & Donnelly, Gordon Shepard, Michael Berens and Madge S. Thorsen, Minneapolis, for respondent.

Minnesota Pollution Control Agency, Roseville, amicus.

Heard, considered and decided by the court en banc.


SIMONETT, Justice.

This is an appeal by residents near the St. Paul-Minneapolis International Airport from a district court order and judgment denying a writ of mandamus for inverse condemnation of an "avigational easement." While we find that the trial court properly followed the procedures and the standard for this kind of proceeding, we also conclude that petitioners were deprived of a jury trial, which they had not waived, and, therefore, a new trial is necessary...

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