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CITY OF EAGAN v. O'NEIL

No. C4-89-238.

437 N.W.2d 736 (1989)

CITY OF EAGAN, Petitioner, Respondent, v. Robert J. O'NEIL, et al., Petitioners, Federal Land Bank of St. Paul, et al., Lower Court Respondents.

Court of Appeals of Minnesota.

Review Denied June 9, 1989.

Attorney(s) appearing for the Case

Paul H. Hauge, Hauge, Eide & Keller, P.A., Eagan, James F. Sheldon, McMenomy & Severson, Ltd., Apple Valley, for petitioner, respondent.

Harold H. Sheff, Olson, Gunn & Seran, Minneapolis, William R. Busch, St. Paul, for petitioners.

Considered at Special Term and decided by WOZNIAK, C.J., and HUSPENI and CRIPPEN, JJ., without oral argument.

OPINION

WOZNIAK, Chief Judge.

FACTS

The O'Neils own land in Eagan. In 1985, the city acquired permanent easements, by exercise of its powers of eminent domain, for the construction of storm sewer ponds. The O'Neils made no objection to the findings of public purpose and necessity. No appeal was taken from the November 1985 order allowing the taking.

In November 1988, the O'Neils moved the trial court for a rehearing on the issues of public...

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