BILLIGMEIER v. HENNEPIN COUNTY

No. C4-87-848.

415 N.W.2d 423 (1987)

Jon H. BILLIGMEIER, et al., Appellants, v. HENNEPIN COUNTY, et al., Respondents.

Court of Appeals of Minnesota.

Review Granted January 28, 1988.


Attorney(s) appearing for the Case

Kirk W. Reilly, Minneapolis, for appellants.

Thomas L. Johnson, Hennepin County Atty., Charles F. Sweetland, Asst. Co. Atty., Minneapolis, for respondents.

Heard, considered and decided by NORTON, P.J., and MULALLY and LOMMEN, JJ.


OPINION

NORTON, Judge.

Appellants, judgment debtors, brought this declaratory judgment action against respondents, Hennepin County and its sheriff, Don Omodt. Appellants asked the court to declare that when a sheriff levies upon property under a writ of execution to satisfy a judgment, but the parties settle before any of the levied property is sold, the sheriff's fee for "collection on execution after levy" is based on the value of property physically collected...

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