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POWELL v. CITY OF CLEARWATER

No. C2-86-255.

389 N.W.2d 206 (1986)

Clifford L. POWELL, et al., Appellants, v. CITY OF CLEARWATER, Respondent.

Court of Appeals of Minnesota.

June 10, 1986.

Attorney(s) appearing for the Case

James P. Agosto, Agosto Law Office, Monticello, for appellants.

Robert J. Feigh, Lynne M. Bokinskie, Hall, Byers, Hanson, Steil & Weinberger, St. Cloud, for respondent.

Considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

Respondent city razed appellants' building after appellants' failure to correct hazardous conditions. Appellants' subsequent complaint for damages was dismissed by summary judgment. They claim summary judgment was improper because (1) genuine issues of material fact exist and (2) the cause of action is not barred by res judicata. We affirm.

FACTS

On January 3, 1983, respondent City of Clearwater by its city...

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