COUNTY OF DAKOTA v. LYNDALE TERMINAL

No. CX-93-1592.

529 N.W.2d 672 (1995)

COUNTY OF DAKOTA (C.P. 42-37), Petitioner, Appellant, v. LYNDALE TERMINAL, et al., Aurora Village, Parcel 3(72), Respondents.

Supreme Court of Minnesota.

Rehearing Denied May 23, 1995.


Attorney(s) appearing for the Case

James C. Backstrom, Dakota County Atty., Kenneth A. Malvey, Asst. County Atty., Hastings, for appellant.

Josiah E. Brill, Jr., Siegel, Brill, Greupner & Duffy, P.A., Minneapolis, for respondents.

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


OPINION

KEITH, Chief Justice.

The narrow issue presented in this appeal is whether Minnesota Statutes section 117.145 requires a party who appeals a condemnation commissioners' award to mail notice of the appeal to persons who record interests after the initial filing of the condemnation petition, and if so, whether a failure to do so deprives the district court of subject matter jurisdiction over the appeal. We hold that persons who record interests after...

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