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KICK'S LIQUOR STORE v. CITY OF MINNEAPOLIS

No. C7-98-1147.

587 N.W.2d 57 (1998)

KICK'S LIQUOR STORE, INC., d/b/a Broadway Liquor Outlet, Respondent, v. CITY OF MINNEAPOLIS, Appellant.

Court of Appeals of Minnesota.

December 22, 1998.

Attorney(s) appearing for the Case

William S. Rosen, Daniel N. Rosen, Rosen & Rosen, PLLP, St. Paul, for respondent.

Jay Heffern, Minneapolis City Attorney, Stuart R. Browne, Assistant City Attorney, Minneapolis, for appellant.

Considered and decided by CRIPPEN, P.J., and WILLIS and MULALLY, JJ.

OPINION

CRIPPEN, Judge

The City of Minneapolis contends in this appeal that the trial court employed an erroneous theory of law in determining by summary judgment that the city must initiate condemnation proceedings due to the taking of access rights enjoyed by the owner of a liquor store operation located at the intersection of Broadway Avenue and McNair Avenue in the city. Because the trial court has not undertaken necessary determinations of law and fact...

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