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CAPONI v. CARLSON

No. CO-86-44.

392 N.W.2d 591 (1986)

Anthony CAPONI, Appellant, v. Arnold CARLSON, et al., Respondents, City of Eagan, Respondent, Bonestroo, Rosene & Anderlik, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied October 29, 1986.

Attorney(s) appearing for the Case

Thomas J. Rooney, Rooney & Neilson, Ltd., St. Paul, for appellant.

Edward Meisinger, Jr., Meisinger & Meisinger, West St. Paul, for respondents.

Kevin Eide, Hauge, Smith & Eide, Eagan, for respondent, City of Eagan.

Heard, considered and decided by PARKER, P.J., and WOZNIAK and SEDGWICK, JJ.

OPINION

PARKER, Judge.

This appeal is from a trial court's determination that the City of Eagan did not take appellant Anthony Caponi's land for use as a storm water holding pond without compensating him. Caponi contends the city's action in designating a portion of his property as a storm water retention pond and the subsequent operation of the pond constitute a taking in violation of the U.S. Constitution, amend. V, and Minn. Const. art. 1, § 13....

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