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CITY OF DULUTH v. STEPHENSON

No. C2-91-1632.

481 N.W.2d 577 (1992)

CITY OF DULUTH, Petitioner, Respondent, v. William R. STEPHENSON, Jr., et al., Appellants, Larson Huseby and Brodin Ltd., et al., Lower Court Respondents.

Court of Appeals of Minnesota.

Review Denied May 15, 1992.

Attorney(s) appearing for the Case

Gaylord W. Swelbar, Robin C. Merritt, Krista K. Martin, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, P.A., Duluth, for respondent.

Richard J. Gunn, Bradley J. Gunn, Marc D. Simpson, Leonard, Street and Deinard, Minneapolis, Arthur O. Anselmo, Cook, for appellants.

Considered and decided by SCHUMACHER, P.J., and KALITOWSKI and STONE, JJ.

OPINION

KALITOWSKI, Judge.

Appellants argue that the trial court erred by granting the City of Duluth's "quick-take" condemnation petition. Respondent argues that the trial court's order is not appealable at this time since Stephenson does not question the public necessity for the taking but only challenges the necessity for the quick-take and the city's compliance with procedural requirements. We agree with respondent that Stephenson's appeal is premature...

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