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LUNDELL v. COOPERATIVE POWER ASS'N

No. A04-1045.

707 N.W.2d 376 (2006)

Danny O. LUNDELL and Mary E. Lundell, Appellants, v. COOPERATIVE POWER ASSOCIATION, a Minnesota Corporation, Respondent.

Supreme Court of Minnesota.

January 5, 2006.

Attorney(s) appearing for the Case

Lance R. Heisler, Lampe, Swanson, Morisette & Heisler L.L.P., Northfield, MN, for Appellant Lundell.

Paul Barney Zisla, Moss & Barnett, Peter A. Koller, Moss & Barnett, P.A., Minneapolis, MN, for Respondent Cooperative Power Association.

Carol K. Lee, Assistant Goodhue County Attorney, Red Wing, MN, for Respondent Goodhue County.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, Justice.

This appeal arises from the condemnation by respondent Cooperative Power Association (CPA) of property belonging to appellants Danny and Mary Lundell (Lundells). Lundells opposed CPA's condemnation petition, arguing that (1) there was no public purpose or necessity for the taking because CPA already had the use and possession of the property through a lease; (2) CPA acted in bad faith by failing to complete negotiations for amendments...

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