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IN RE CONDEMNATION BY CITY OF MINNEAPOLIS

No. C5-99-1996.

632 N.W.2d 586 (2001)

In the Matter of CONDEMNATION BY THE CITY OF MINNEAPOLIS OF CERTAIN LANDS IN THE CITY OF MINNEAPOLIS for the Lyn/Lake Municipal Parking Lot Project.

Supreme Court of Minnesota.

August 16, 2001.

Attorney(s) appearing for the Case

Jeffrey R. Brauchle, Sherry Davis White, Jeffrey R. Brauchle, P.A., for appellant, City of Minneapolis.

Sherman Winthrop, Thomas H. Boyd, Winthrop & Weinstine, P.A., for respondent, Joseph E. Commers Limited, Partnership.

Louis K. Robards, Jeffrey S. Thompson, Assistant Attorneys General, for Commissioner of Transportation, amicus curiae.

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

OPINION

RUSSELL A. ANDERSON, Justice.

In this eminent domain action, the City of Minneapolis (City) acquired title to and possession of property belonging to Joseph E. Commers Limited Partnership (respondent) through a statutory quick take procedure. We are asked to determine if the City owes interest at the rate set for judgments (judgment interest) to respondent on funds the City deposited with the court incidental to its quick take of respondent's property...

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