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UNIV. OF MN v. CHICAGO AND N.W. TRANSP.

No. C6-96-583.

552 N.W.2d 578 (1996)

REGENTS OF the UNIVERSITY OF MINNESOTA, a Public Body Established by the Laws of Minnesota and Charter, Petitioners, Appellants, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, n/k/a Chicago and North Western Railway Company, a Delaware Corporation, Respondent, Chemical Bank, a New York Banking Corporation, Northern States Power Company, Defendants, CSM Investors, Inc., Minneapolis Community Development Agency, Respondents.

Court of Appeals of Minnesota.

Review Denied November 20, 1996.

Attorney(s) appearing for the Case

Richard G. Mark, Scott G. Knudson, Briggs and Morgan, P.A., Minneapolis, for Petitioners, Appellants.

David A. Allgeyer, Sara D. Halvorson, Ann K. Grossman, Lindquist & Vennum, Minneapolis, for Respondent Chicago & North Western Transportation Company.

Robert J. Tansey, Jr., David E. Oslund, Mark D. Wisser, Robins, Kaplan, Miller & Ciresi, Minneapolis, for Respondent CSM Investors, Inc.

Robert J. Lindall, John M. LeFevre, Jr., Joe Y. Yang, Kennedy & Graven, Chartered, Minneapolis, for Respondent Minneapolis Community Development Agency.

Harold J. Bagley, Minneapolis, for Defendant Northern States Power Company.

Considered and decided by WILLIS, P.J., and PETERSON and THOREEN, JJ.

OPINION

JOHN F. THOREEN, Judge.*

Appellants challenge the trial court's dismissal of a petition by the University of Minnesota (the University) to acquire property by eminent domain. Because the trial court did not clearly err in determining that appellants failed to show the requisite necessity for condemning the property, we affirm.

FACTS

The property at issue in this case consists of approximately 30 acres...

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