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JUDD v. STATE BY HUMPHREY

No. C3-92-869.

488 N.W.2d 507 (1992)

Martin C. JUDD, Respondent, v. STATE of Minnesota, by Hubert H. HUMPHREY, its Attorney General, Appellant.

Court of Appeals of Minnesota.

August 18, 1992.

Attorney(s) appearing for the Case

James W. Nelson, Brainerd, for respondent.

Hubert H. Humphrey, III, Atty. Gen., James C. Donnelly, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Considered at Special Term and decided by WOZNIAK, C.J., and KALITOWSKI and AMUNDSON, JJ.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Appellant State of Minnesota commenced this eminent domain proceeding to acquire property from respondent Martin Judd. Judd filed a timely appeal of the commissioners' award of damages with the district court, but did not serve a copy of the notice of appeal on appellant within the 40-day appeal period. See Minn.Stat. § 117.145 (1990).

Appellant moved to dismiss, arguing that...

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