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COUNTY OF BLUE EARTH v. WINGEN

No. A03-1957.

684 N.W.2d 919 (2004)

COUNTY OF BLUE EARTH, petitioner, Respondent, v. Francis E. WINGEN, et al., Appellants.

Court of Appeals of Minnesota.

August 10, 2004.

Attorney(s) appearing for the Case

John M. Riedy, Jorun Groe Meierding, Maschka, Riedy & Ries, PLLP, Mankato, MN, for appellants.

Arvid L. Wendland, Wendland Timmerman, P.A., Blue Earth, MN; and Ross E. Arneson, Blue Earth County Attorney, Mankato, MN, for respondent.

Considered and decided by KALITOWSKI, Presiding Judge; WILLIS, Judge; and WRIGHT, Judge.

OPINION

WRIGHT, Judge.

On a prior appeal, appellants posted a supersedeas bond and stayed a condemnation order pending the outcome of the appeal. Respondent prevailed and moved for "damages in consequence of the appeal." Minn. R. Civ.App. P. 108.01, subd. 2. The district court awarded damages in excess of the amount of the supersedeas bond. Appellants argue that (1) the district court erred in awarding damages in excess of the amount of the supersedeas bond...

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