SCHERGER v. NORTHERN NATURAL GAS CO.

No. CX-96-2319.

562 N.W.2d 328 (1997)

Norbert SCHERGER, et al., Petitioners, Appellants, v. NORTHERN NATURAL GAS COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Granted June 27, 1997.


Attorney(s) appearing for the Case

Kenneth R. Moen, Dunlap & Seeger, P.A., Rochester, for Appellants.

Thomas F. Hutchinson, Eastlund, Solstad & Hutchinson, Ltd., Minneapolis, for Respondent.

Considered and decided by DAVIES, P.J., and KALITOWSKI and MANSUR, JJ.


OPINION

DAVIES, Judge.

Appellant landowners challenge a summary judgment that respondent pipeline company may replace a gas pipeline on appellants' property without acquiring a new easement. We reverse and remand.

FACTS

The following facts are undisputed. Appellants Norbert and Delores Scherger own a farm in Dodge County. Pursuant to an easement agreement entered into between the predecessors of both appellants and respondent Northern Natural...

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