CONDEMNATION BY HOUS. & REDEV. v. SUH

No. C6-96-924.

553 N.W.2d 115 (1996)

In the Matter of CONDEMNATION BY the HOUSING & REDEVELOPMENT AUTHORITY IN AND FOR the CITY OF FRIDLEY, Minnesota, Petitioner, Appellant, v. Shin Jae SUH, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied November 20, 1996.


Attorney(s) appearing for the Case

Scott M. Lepak, James D. Hoeft, Virgil C. Herrick, Barna, Guzy & Steffen, Ltd., City of Fridley HRA, Minneapolis, for Appellant.

Leland J. Frankman, Minneapolis, for Respondent Shin Jae Suh.

Considered and decided by KALITOWSKI, P.J., and LANSING and WILLIS, JJ.


OPINION

LANSING, Judge.

This is an eminent domain proceeding in which the district court dismissed the condemnor's appeal from a Commissioners' award for lack of subject matter jurisdiction. Because we conclude that a fatal jurisdictional defect resulted from the condemnor's failure to give some of the parties who were named in the condemnation petition notice of the filing of the Commissioners' report and notice of the appeal from the award, we affirm....

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