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MIDDLEMIST v. CITY OF PLYMOUTH

No. C4-85-1946.

387 N.W.2d 190 (1986)

Robert E. MIDDLEMIST, Jr., et al., Appellants, v. CITY OF PLYMOUTH, Respondent.

Court of Appeals of Minnesota.

May 13, 1986.

Attorney(s) appearing for the Case

S. Todd Rapp, Estes, Parsinen & Levy, Minneapolis, for appellants.

James J. Thomson, Jr., John R. McDonald, Jr., LeFevere, Lefler, Kennedy, O'Brien & Drawz, Minneapolis, for respondent.

Heard, considered and decided by POPOVICH, C.J., and FORSBERG and LESLIE, JJ.

OPINION

FORSBERG, Judge.

This is an appeal by the landowners from a judgment entered in an action for mandamus and inverse condemnation. The trial court on a motion for summary judgment ruled that respondent City of Plymouth was required to compensate the landowners, but declined to issue a writ of mandamus compelling the city to commence eminent domain or condemnation proceedings, and did not award appellants attorneys fees. The city has filed a petition...

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