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PICHE v. INDEPENDENT SCHOOL DIST. NO. 621

Nos. C7-01-267, C3-01-394.

634 N.W.2d 193 (2001)

Elon PICHE, et al., Appellants, Respondents, v. INDEPENDENT SCHOOL DISTRICT NO. 621, Respondent, Appellant.

Court of Appeals of Minnesota.

August 28, 2001.

Attorney(s) appearing for the Case

Thomas W. Tuft, Valerie Downing Arnold, Thomas Tuft Law Offices, and Patrick J. Kelly, Kelly & Fawcett, P.A., St. Paul, for appellants-respondents Piche.

Eric J. Magnuson, Timothy J. Nolan, Kathy S. Kimmel, Rider, Bennett, Egan & Arundel, L.L.P., Minneapolis, for respondent-appellant Independent School District No. 621.

Joseph M. Finley, Keith S. Moheban, Leonard, Street and Deinard, P.A., St. Paul, for amicus curiae Minnesota Land Title Association and Minnesota Real Estate Services Association.

Susan L. Naughton, League of Minnesota Cities, St. Paul, for amicus curiae League of Minnesota Cities.

Joseph E. Flynn, Daniel J.S. Becker, Knutson, Flynn & Deans, P.A., Mendota Heights, for amicus curiae Minnesota School Boards Association.

Considered and decided by STONEBURNER, Presiding Judge, KALITOWSKI and PARKER, Judges.

OPINION

EDWARD J. PARKER, Judge.*

Appellants-respondents Elon and Jane Piche (the Piches) petitioned the district court for a writ of mandamus ordering respondent-appellant Independent School District No. 621 to discharge two parcels of land, the first of which was acquired by eminent domain and the second by warranty deed. The district court found that the school district held a fee simple defeasible interest in both parcels...

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