NOLAN AND NOLAN v. CITY OF EAGAN

No. A03-616.

673 N.W.2d 487 (2003)

NOLAN AND NOLAN, a Minnesota Partnership, Appellant, v. CITY OF EAGAN, Respondent, MINNESOTA DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of Minnesota.

December 30, 2003.


Attorney(s) appearing for the Case

Michael C. McCarthy, David F. Herr, Maslon Edelman Borman & Brand, LLP, Minneapolis, MN; and Howard A. Roston, Bruce D. Malkerson, Malkerson Gilliland Martin, LLP, Minneapolis, MN, for appellant.

James G. Golembeck, Jardine, Logan & O'Brien, P.L.L.P., Lake Elmo, MN, for respondent City of Eagan.

Mike Hatch, Attorney General, Marsha Eldot Devine, Ann K. Bloodhart, Assistant Attorneys General, St. Paul, MN, for respondent Department of Transportation.

Considered and decided by KALITOWSKI, Presiding Judge; HALBROOKS, Judge; and STONEBURNER, Judge.


OPINION

KALITOWSKI, Judge.

Appellant challenges the district court's dismissal of both its mandamus action and its tort claims for failure to state a claim upon which relief can be granted, arguing that the district court erred by determining that: (1) appellant failed to state a takings claim; (2) appellant's mandamus action failed because appellant had an adequate remedy at law; (3) as a matter of law appellant was prohibited from pursuing mandamus and...

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