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CHENOWETH v. CITY OF NEW BRIGHTON

No. C0-02-945.

655 N.W.2d 821 (2003)

CHENOWETH, et al., Petitioners, Appellants, v. CITY OF NEW BRIGHTON, Respondent.

Court of Appeals of Minnesota.

January 28, 2003.

Attorney(s) appearing for the Case

Eric J. Magnuson, Timothy J. Nolan, Peter Gray, Rider, Bennett, Egan & Arundel, L.L.P., Minneapolis, for appellants.

George C. Hoff, Kimberly B. Kozar, Hoff, Barry & Kuderer, P.A., Eden Prairie, for respondent.

Considered and decided by STONEBURNER, Presiding Judge, G. BARRY ANDERSON, Judge, and WRIGHT, Judge.

O P I N I O N

STONEBURNER, Judge.

Joseph and Vickie Chenoweth, and Creative Growth, Inc., a Minnesota corporation, d/b/a Chenoweth Floral and Greenhouses, appeal the denial of their petition for a writ of mandamus to compel the City of New Brighton to initiate condemnation proceedings to compensate them for damage to their property caused by city-facilitated private development on adjacent property. Because the city's involvement in the development does...

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