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SIPE v. KALITOWSKI

No. C6-86-288.

390 N.W.2d 910 (1986)

Nyle SIPE, et al., Appellants, Bruce Arens, Plaintiff, v. Thomas J. KALITOWSKI as Director of the Minnesota Pollution Control Agency, Joseph Alexander, as Commissioner of the Minnesota Department of Natural Resources, City of Greenfield, Respondents. CITY OF GREENFIELD, Petitioner, Respondent, v. Nyle Z. SIPE, et al., Appellants, Federal Land Bank of St. Paul, Commodity Credit Corporation, Respondents.

Court of Appeals of Minnesota.

Review Denied September 24, 1986.

Attorney(s) appearing for the Case

Leland S. Watson, Minneapolis, for appellants.

Hubert H. Humphrey, III, Atty. Gen., Alan R. Mitchell, Asst. Atty. Gen., Roseville, for Thomas J. Kalitowski as Director of the Minnesota Pollution Control Agency.

Hubert H. Humphrey, III, Atty. Gen., Augustus W. Clapp, III, Sp. Asst. Atty. Gen., St. Paul, for Joseph Alexander, as Commissioner of the Minnesota Dept. of Natural Resources.

Jeffrey A. Carson, Minneapolis, for City of Greenfield.

Charles Orem, St. Paul, for Federal Land Bank of St. Paul.

Commodity Credit Corporation, pro se.

Heard, considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

After the trial court consolidated two cases, the first an environmental action brought by appellant landowners against respondent City of Greenfield, and the second a condemnation action brought by the city against the owners, the city discontinued the condemnation action. The parties then stipulated to the dismissal of all claims except for the amount of attorneys' fees appellants could recover. The trial court awarded fees incurred...

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