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FITGER BREWING CO. v. STATE

Nos. C4-87-1031, C8-87-1307.

416 N.W.2d 200 (1987)

FITGER BREWING COMPANY, Respondent, v. STATE of Minnesota, et al., Appellants.

Court of Appeals of Minnesota.

Review Denied February 23, 1988.

Attorney(s) appearing for the Case

William P. O'Brien, Richard J. Leighton, Duluth, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Sherry A. Enzler, Sp. Asst. Atty. Gen., Lloyd J. Moosbrugger, Asst. Atty. Gen., St. Paul, for appellants.

Heard, considered and decided by WOZNIAK, P.J., and CRIPPEN and STONE, JJ.

OPINION

CRIPPEN, Judge.

The question presented in this case is whether the trial court erred in awarding damages to respondent Fitger Brewing Company in an inverse condemnation action, where the state never acquired or physically took the property. We reverse.

FACTS

a. Background: events before 1970.

John Ferris owned and operated respondent Fitger Brewing Company in Duluth in a brewery building over a hundred years old located...

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