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STATE BY HUMPHREY v. SCHNEIDER-KURTH

No. C2-86-367.

395 N.W.2d 136 (1986)

STATE of Minnesota, by Hubert H. HUMPHREY III its Attorney General, Petitioner, Respondent, v. SCHNEIDER-KURTH, et al., Parcel 235-Richard W. Bebel, S.P. 1982-90, 903, Appellants.

Court of Appeals of Minnesota.

Review Denied December 12, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Louis K. Robards, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Charles E. Mertensotto, Rowland & Mertensotto, St. Paul, for appellants.

Heard, considered and decided by FORSBERG, P.J., and FOLEY and LANSING, JJ.

OPINION

LANSING, Judge.

Richard and Mary Bebel appealed the Commissioners' award in an eminent domain proceeding because the award excluded damages for a change of grade. In a pretrial hearing the district court considered documents from the Minnesota Department of Transportation (MnDOT) and ruled that the State had previously acquired the right to change of grade by direct purchase from Frank Hruska, Bebels' predecessor in interest. Bebels and the State...

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