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TOWN OF FAYAL v. CITY OF EVELETH

No. C2-98-875.

587 N.W.2d 524 (1999)

TOWN OF FAYAL, petitioner, Respondent v. CITY OF EVELETH, a municipal corporation, Appellant.

Court of Appeals of Minnesota.

January 5, 1999.

Attorney(s) appearing for the Case

Scott C. Neff, Paul D. Cerkvenik, Trenti Law Firm, Virginia, MN (for respondent).

John M. Colosimo, Michelle M. Lore, Colosimo, Patchin, Aronson & Kearney, Ltd., Virginia, MN (for appellant).

Carla J. Heyl, St. Paul, MN (for amicus curiae League of Minnesota Cities).

Troy J. Gilchrist, St. Michael, MN (for amicus curiae Minnesota Association of Townships).

Considered and decided by KLAPHAKE, Presiding Judge, DAVIES, Judge, and AMUNDSON, Judge.

OPINION

AMUNDSON, Judge.

Fayal Township petitioned for condemnation of the City of Eveleth's water lines, hydrants, and appurtenant easements lying within Fayal's borders to acquire complete ownership of the water system located within Fayal. Eveleth moved to dismiss the petition.

The district court concluded that Fayal had the authority to condemn Eveleth's property under both its general grant of eminent domain power and its express grant to acquire...

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