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MILLER-LAGRO v. NORTHERN STATES POWER CO.

No. C2-97-168.

582 N.W.2d 550 (1998)

Heidi MILLER-LAGRO, et al., Respondents, v. NORTHERN STATES POWER COMPANY, et al., pet. Appellants.

Supreme Court of Minnesota.

July 30, 1998.

Attorney(s) appearing for the Case

Timothy R. Thornton, Jack Y. Perry, Briggs & Morgan, P.A., Harold J. Bagley, NSP Senior Attorney, Minneapolis, for Northern States Power Co.

Paul A. Banker, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, for Asplundh Tree Co.

Ronald I. Meshbesher, Kontandinos Nicklow, Meshebesher & Spence, Ltd., Minnetonka, for respondent.

Phillip A. Kohl, John T. Hareid, Christian & Peterson, P.A., Albert Lea, Christopher B. Clark, Interstate Power Co., Dubuque, IA, for amicus curiae Interstate Power Co.

Carla J. Heyl, League of Minnesota Cities, Harold LeVander, Jr., Maun & Simon, PLC, St. Paul, for amicus curiae Minnesota Rural Elec. Ass'n.

Priscilla McNulty, Senior Atty., Minnesota Power & Light Co., Duluth, for amicus curiae Minnesota Municipal Utilities Ass'n.

Todd J. Guerrero, Otter Tail Power Co., Fergus Falls, for amicus curiae Otter Tail Power Co.

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

OPINION

STRINGER, Justice.

When Heidi Miller-Lagro and Kent Lagro returned to their home in Medicine Lake on the afternoon on October 21, 1992, they were shocked to discover that Northern States Power Company and Asplundh Tree Company had cut down several trees that were located on the city right-of-way between their lot and the paved roadway. Legal proceedings ensued, and we now consider whether and under what circumstances a private landowner may recover...

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