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STATE BY SPANNAUS v. BELMONT, HOLMBERG

No. C4-85-1526.

384 N.W.2d 214 (1986)

STATE of Minnesota, by Warren SPANNAUS, its Attorney General, Petitioner Below, v. BELMONT, HOLMBERG, et al., Respondents Below, John L. JOHNSON and Irma P. Johnson, Appellants, v. Louis P. GILBERT and Ann Marie Gilbert and Robert Hall, Respondents.

Court of Appeals of Minnesota.

Review Denied May 29, 1986.

Attorney(s) appearing for the Case

John M. LeFevre, Jr., Mary G. Dobbins, Minneapolis, for appellants.

John F. Bannigan, Jr., St. Paul, for respondents.

Heard, considered and decided by POPOVICH, C.J., WOZNIAK and SEDGWICK, JJ.

OPINION

SEDGWICK, Judge.

This is an eminent domain proceeding involving the acquisition of a portion of Parcel 34C, the premises of a bowling alley/bar/restaurant known as "Capt'n Jack's," located in Woodbury. In 1982 the State filed a petition seeking to acquire the property pursuant to Minn.Stat. § 117.042 (1984), the "quick-take" statute.

All parties appealed from the commissioners' award. The State subsequently reached a stipulated settlement...

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