JUDD SUPPLY v. MERCHANTS & MFRS. INS.

No. C5-89-507.

448 N.W.2d 895 (1989)

JUDD SUPPLY COMPANY, INC., et al., Respondents, v. MERCHANTS & MANUFACTURERS INSURANCE CO., Defendant, City of Princeton, Minnesota, Appellant, and Varco-Pruden Buildings, a division of AMCA International Corporation, and Robert Essig, d/b/a Essig Construction Company, et al., Intervenors, Respondents. CITY OF PRINCETON, Minnesota, Defendant and Third-Party Plaintiff, v. Howard BECKER, et al., Third-Party Defendants.

Court of Appeals of Minnesota.

Review Denied February 21, 1990.


Attorney(s) appearing for the Case

James K. Sander, Wagner, Johnston & Falconer, Ltd., Minneapolis, for Judd Supply Co., Inc., et al.

Mark J. Heley, Laura J. Hanson, William M. Hart, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for City of Princeton, Minn.

Thomas P. Knapp, Jerry O. Relph, Hughes, Thoreen & Sullivan, St. Cloud, for Varco-Pruden Buildings, a div. of AMCA Intern. Corp.

Thomas L. Grundhoefer, League of Minnesota Cities, St. Paul, for amicus curiae, League of Minnesota Cities.

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


OPINION

NORTON, Judge.

The City of Princeton appeals a judgment awarding damages to former mechanics' lienholders who foreclosed against a privately-owned parcel developed in part through tax increment financing. We reverse.

FACTS

This appeal arises after a tax increment financing-motivated construction project, begun within the City of Princeton in 1983, went awry. Appellant City of Princeton ("City") had published a tax increment finance...

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