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MUEHLSTEDT v. CITY OF LINO LAKES

Nos. C2-90-2317, C4-90-2321, C7-90-2717 and C6-90-2725.

473 N.W.2d 892 (1991)

Kenneth MUEHLSTEDT, Respondent, v. CITY OF LINO LAKES, et al., Appellants (C2-90-2317), (C6-90-2725), Respondents (C4-90-2321), (C7-90-2717), Dell Contracting, Inc., et al., Respondents (C2-90-2317), (C6-90-2725), Appellants (C4-90-2321), (C7-90-2717).

Court of Appeals of Minnesota.

Review Denied September 25, 1991.

Attorney(s) appearing for the Case

Mark Arth, Arth Law Office, St. Paul, Douglas Peine, St. Paul, for respondent.

Frank J. Rajkowski, Donohue, Rajkowski, Hansmeier, Grunke & Jovanovich, St. Cloud, for City of Lino Lakes, Toltz, King, Duvall, Anderson & Associates, Inc., and John Davidson.

Scott Ballou, Stich, Angell, Kreidler & Muth, P.A., Minneapolis, for Dell Contracting, Inc., and John Vickaryous.

Considered and decided by CRIPPEN, P.J., and FOLEY and MULALLY, JJ.

OPINION

CRIPPEN, Judge.

During road construction, trees on the property of respondent Kenneth Muehlstedt, as well as those from the right of way, were cut and then buried on Muehlstedt's property. When the buried trees later interfered with respondent's attempts to build a house, he sued those involved with the road construction. A special jury verdict awarded respondent compensatory and punitive damages against various defendants. Following a new trial...

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