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MATTER OF MCDA

No. C2-98-276.

582 N.W.2d 596 (1998)

In the Matter of Condemnation by Petitioner, the MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY (MCDA), OF CERTAIN LANDS IN THE CITY OF MINNEAPOLIS SITUATED IN DEVELOPMENT DISTRICT NO. 57, SOUTH NICOLLET MALL. MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY (MCDA), petitioner, Respondent, v. OPUS NORTHWEST, LLC, a Delaware limited liability company, Appellant, University of St. Thomas, et al., Respondents Below, and OPUS NORTHWEST, L.L.C., a Delaware limited liability company, Appellant, v. MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY, Respondent, City of Minneapolis, Respondent.

Court of Appeals of Minnesota.

August 25, 1998.

Attorney(s) appearing for the Case

John M. LeFevre, Jr., Robert J. Lindall, Robert A. Alsop, Stephen J. Bubul, Kennedy & Graven, Chartered, Minneapolis, and Michael L. Schwab, Development Counsel, Minneapolis Community Development Agency, Minneapolis, for respondent Minneapolis Community Development Agency.

Douglas A. Kelley, John M. Lee, Steven E. Wolter, Douglas A. Kelley, P.A., Minneapolis; and James S. Holmes, Sean D. Kelly, Holmes & Galey, Ltd., Minneapolis, and Regina M. Chu, Regina M. Chu, P.A., Minneapolis; and John D. Hagen, Jr., Minneapolis, and Leland J. Frankman, Minneapolis, for appellant.

Jay Heffern, Minneapolis City Attorney, Michael T. Norton, Deputy City Attorney, James A. Moore, Assistant City Attorney, Minneapolis, for respondent City of Minneapolis.

Considered and decided by SCHUMACHER, P.J., and RANDALL and KALITOWSKI, JJ.

OPINION

SCHUMACHER, Judge.

A joint trial was held on the condemnation of appellant Opus Northwest, L.L.C.'s property and its civil taxpayer action under the tax increment financing statute. The trial court decided both actions in favor of respondents Minneapolis Community Development Agency and City of Minneapolis (the city). We affirm.

FACTS

The city seeks to invoke the power of eminent...

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