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COUNTY OF STEARNS v. VOLLER

No. C5-98-322.

584 N.W.2d 800 (1998)

COUNTY OF STEARNS, petitioner, Appellant, v. Frederick P. VOLLER, et al., Respondents.

Court of Appeals of Minnesota.

October 20, 1998.

Attorney(s) appearing for the Case

Gerald W. Von Korff, Rinke-Noonan, St. Cloud, for appellant.

Douglas P. Anderson, Rosenmeier, Anderson & Vogel, Little Falls, for respondents.

Considered and decided by HUSPENI, P.J., and NORTON and HOLTAN, JJ.

OPINION

HARVEY A. HOLTAN, Judge.**

Appellant argues that the district court erred when it applied an "absolute necessity" standard to its petition to condemn land for the purpose of reconstructing of a county highway. We reverse.

FACTS

Appellant County of Stearns is seeking to reconstruct a nine-mile portion of County Road 18 that extends from Padua to the road's intersection with State Highway 28. The county...

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