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CITY OF RUSHFORD VILLAGE v. DARR

No. C3-86-202.

389 N.W.2d 541 (1986)

CITY OF RUSHFORD VILLAGE, State of Minnesota, Petitioner, Appellant, v. Dennie DARR, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied August 27, 1986.

Attorney(s) appearing for the Case

David W. Nord, Rippe, Hammell & Murphy, Caledonia, for appellant.

James A. Fabian, St. Charles, for respondents.

Considered and decided by NIERENGARTEN, P.J., and LANSING and HUSPENI, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

Appellant, the City of Rushford, brought a petition for condemnation proceedings to acquire an easement over respondent, Dennie Darr's property. The trial court dismissed the petition on the grounds that it violated Minn.Stat. § 117.042 (1984). On appeal, the City of Rushford argues that the trial court erred by dismissing the petition. We agree and reverse and remand.

FACTS

The trial court found that the City...

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