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ARIO v. METROPOLITAN AIRPORTS COM'N

No. C1-83-1320.

367 N.W.2d 509 (1985)

Frank L. ARIO, et al., Respondents, v. METROPOLITAN AIRPORTS COMMISSION, Petitioner.

Supreme Court of Minnesota.

Rehearing Denied July 12, 1985.

Attorney(s) appearing for the Case

Michael Berens, Madge S. Thorsen, Lucinda E. Jesson, Minneapolis, for petitioner; Thomas W. Anderson, Minneapolis, of counsel.

Richard J. Gunn, Bradley J. Gunn, Minneapolis, for respondents.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

Presented here is the propriety of an order of the Hennepin County District Court certifying approximately 2,000 residential property owners living near Minneapolis-St. Paul International Airport as a class for the bringing of an inverse condemnation action to take "avigational easements" on their properties. We reverse the order for a class action.

In 1970, plaintiffs and others commenced a class action seeking a remedy for airport noise...

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