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DULUTH READY-MIX CONCRETE, INC. v. CITY OF DULUTH

Nos. C2-94-1094, C4-94-1095.

520 N.W.2d 775 (1994)

In the Matter of DULUTH READY-MIX CONCRETE, INC., Appellant, v. CITY OF DULUTH, Respondent. CITY OF DULUTH, Respondent, v. DULUTH READY-MIX CONCRETE, INC., Appellant.

Court of Appeals of Minnesota.

August 30, 1994.

Attorney(s) appearing for the Case

A. Blake MacDonald, Duluth, for appellant.

David R. Oberstar, William P. Dinan, Duluth City Atty., Thomas J. Schindler, Asst. City Atty., Duluth, for City of Duluth.

Considered at Special Term and decided by SIMONETT, C.J., and KALITOWSKI and KLAPHAKE, JJ.

SPECIAL TERM OPINION

SIMONETT, Chief Judge.

FACTS

Appellant Duluth Ready-Mix Concrete, Inc. leased premises owned by respondent City of Duluth. In April 1993, respondent gave appellant notice to vacate the premises. Appellant then filed a petition in the district court seeking a determination of its right to possession of the premises and for relocation benefits under Minn.Stat. § 117.52 (1992). While the petition was pending, respondent brought...

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