STATE BY WASH. WILDLIFE PRESERVATION v. STATE

Nos. 82-150, 82-151.

329 N.W.2d 543 (1983)

STATE of Minnesota, by WASHINGTON WILDLIFE PRESERVATION, INC., et al., Appellants (82-150), Respondents (82-151), v. STATE of Minnesota and its Department of Natural Resources, et al., Respondents (82-150), Appellants (82-151).

Supreme Court of Minnesota.

January 14, 1983.


Attorney(s) appearing for the Case

Broeker, Hartfeldt, Hedges & Grant, Will Hartfeldt and Samuel D. Orbovich, Minneapolis, for State of Minnesota by Washington Wildlife Preservation, Inc., et al. 82-150.

Hubert H. Humphrey, III, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., A.W. Clapp, III, and Deborah J. Topp, Sp. Asst. Attys. Gen., Dept. of Natural Resources, St. Paul, for State of Minn. and its Dept. of Natural Resources, et al. 82-151.

Briggs & Morgan and Samuel H. Morgan, St. Paul, for Minnesota Parks Foundation.

Heard, considered and decided by the court en banc.


SCOTT, Justice.

Plaintiffs, members of Washington Wildlife Preservation, Inc., brought this action in response to the purchase of a railroad right-of-way by defendants State of Minnesota and its Department of Natural Resources from defendant Soo Line Railroad Company. Plaintiffs, Washington County landowners whose property adjoins the right-of-way, seek, inter alia, a declaration that they are the true owners of the right-of-way.

Plaintiffs moved for...

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