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COUNTY OF RAMSEY v. LINCOLN FORT ROAD

No. C2-91-1419.

494 N.W.2d 276 (1992)

COUNTY OF RAMSEY, Petitioner, Appellant, v. LINCOLN FORT ROAD HOUSING LIMITED PARTNERSHIP, et al., Respondents.

Supreme Court of Minnesota.

December 31, 1992.

Attorney(s) appearing for the Case

Tom Foley, Ramsey County Atty., Ralph W. Peterson, Asst. County Atty., St. Paul, for appellant.

Timothy D. Kelly, Kelly & Berens, P.A., David E. Kirkman, Ravich, Meyer, Kirkman & McGrath, Minneapolis, for respondents.

Peter S. Popovich, Michael J. Galvin, Jr., Peter H. Seed, Briggs and Morgan, St. Paul, for amicus curiae.

Heard, considered, and decided by the court en banc.

GARDEBRING, Justice.

The basic facts in this case are not in dispute. On September 15, 1980, the Port Authority of the City of St. Paul ("Port Authority" or "Port") entered into an agreement with Austin/King Housing Enterprises ("Austin/King"). The agreement was denominated a "lease" and a "revenue agreement," under which the Port Authority agreed to provide money for Austin/King in return for 30 years of "rental payments," after which Austin/King could purchase the...

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