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IN RE RAPP

No. C4-00-1124.

621 N.W.2d 781 (2001)

In re the Award of Damages to Dennis RAPP for Condemnation of Land on County Road 61.

Court of Appeals of Minnesota.

January 16, 2001.

Attorney(s) appearing for the Case

Christopher Daniel Karpan, Douglas County Courthouse, Alexandria, MN, (for appellant Douglas County).

Michael J. Dolan, Alexandria, MN, (for respondent).

Considered and decided by TOUSSAINT, Chief Judge, CRIPPEN, Judge and PETERSON, Judge.

OPINION

TOUSSAINT, Chief Judge.

Douglas County is appealing from an entry of summary judgment, holding Minn. Stat. §§ 163.11-.12 (1998) unconstitutional, and ordering the county to recondemn land owned by respondent Dennis Rapp under Minn.Stat. ch. 117 (1998). Because (1) the United States Constitution guarantees to property owners a right to judicial review of the public purpose of a taking; (2) the Minnesota Constitution guarantees to property...

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