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STATE v. HARBOR CITY OIL CO.

No. CX-91-1619.

486 N.W.2d 455 (1992)

STATE of Minnesota, Petitioner, Appellant, v. HARBOR CITY OIL COMPANY, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied August 11, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Sherry A. Enzler, Special Asst. Atty. Gen., Donald J. Mueting, Asst. Atty. Gen., St. Paul, for appellant.

Michael E. Orman, Charles C. Kallemeyn, Orman & Nord, Duluth, for respondents.

Considered and decided by LANSING, P.J., and NORTON and DAVIES, JJ.

OPINION

LANSING, Judge.

The state challenges the admissibility of evidence that the nonconforming use status of a condemned property increased its fair market value. We affirm.

FACTS

The State of Minnesota condemned the property on which Harbor City Oil operated a bulk heating oil storage and distribution center. Situated on the property were a number of above ground oil storage tanks that were a legal but nonconforming use under the existing...

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