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EARTH PROTECTOR, INC. v. CITY OF HOPKINS

No. C7-91-606.

474 N.W.2d 454 (1991)

EARTH PROTECTOR, INC., et al., Appellants, v. CITY OF HOPKINS, Respondent,

Court of Appeals of Minnesota.

September 10, 1991.

Attorney(s) appearing for the Case

Lawrence J. Coleman, St. Paul, for appellants.

James R. Crassweller, Jonathan P. Scoll, Timothy J. Dolan, Doherty, Rumble & Butler, St. Paul, for respondent.

Tim Smith, Burnsville, for respondent.

Considered and decided by RANDALL, P.J., and HUSPENI and THOREEN, JJ.

JOHN F. THOREEN, Judge.

Appellant townhome owners and their negotiating agent challenge the order denying a temporary injunction sought to enjoin the remediation of an environmental problem involving the migration of methane gas from a former landfill on which a portion of the townhome common areas are located.

FACTS

The Westbrooke Patio Homes Association (townhome association) of which appellant homeowners are a part, entered into a Remediation...

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