STENGER v. STATE

No. CX-89-1393.

449 N.W.2d 483 (1989)

John STENGER, et al., Petitioners, Appellants, v. STATE of Minnesota, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied February 28, 1990.


Attorney(s) appearing for the Case

Paul H. Tanis, Jr., Mackenzie, Gustafson, Lucas & Riley, Ltd., St. Peter, for appellants.

Hubert H. Humphrey, III, Atty. Gen., A.W. Clapp, III, Sp. Asst. Atty. Gen., St. Paul, for respondents.

Heard, considered and decided by FOLEY, P.J., and KALITOWSKI and STONE, JJ.


OPINION

KALITOWSKI, Judge.

Appellants John and Elizabeth Stenger appeal from summary judgment which denied a writ of mandamus to allow an inverse condemnation action. Respondents' motion, which requested dismissal of appellants' petition for failure to state a claim upon which relief could be granted, was treated by all parties as one for summary judgment in accordance with Minn.R.Civ. Proc. 12.02 (1988).

FACTS

Appellants purchased property...

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