SPAETH v. CITY OF PLYMOUTH

Nos. C0-82-1332, C4-83-761.

344 N.W.2d 815 (1984)

John M. SPAETH, Respondent, v. The CITY OF PLYMOUTH, Appellant.

Supreme Court of Minnesota.

February 10, 1984.


Attorney(s) appearing for the Case

LeFevere, Lefler, Kennedy, O'Brien & Drawz, John G. Kressel, Herbert P. Lefler, III, Lorraine S. Clugg, Minneapolis, for appellant.

Stacker, Ravich & Simon, Eileen M. Roberts, Olson Gunn & Seran, Ltd., Harold H. Sheff, Minneapolis, for respondent.

Heard, considered and decided by the court en banc.


SCOTT, Justice.

Plaintiff John M. Spaeth brought this action against the City of Plymouth ("City") alleging that it has taken without compensation a portion of his property for use as a storm water holding pond in violation of U.S. Const., amend. V, and Minn. Const., art. 1, § 13. After a trial without a jury, the district court granted Spaeth's petition for a writ of mandamus and ordered the City to commence eminent domain proceedings. It also ruled that Spaeth...

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