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STATE v. OTTERSTAD

Nos. A05-178, A05-179.

734 N.W.2d 642 (2007)

STATE of Minnesota, Respondent, v. Luke A. OTTERSTAD, Appellant, Robert A. Rudnick, Appellant.

Supreme Court of Minnesota.

July 12, 2007.

Attorney(s) appearing for the Case

Charles R. Shreffler, Mohrman & Kaardal, P.A., Minneapolis, MN, Alan E. Untereiner, Daniel R. Walfish, Robbins, Russell, Englert, Orseck & Untereiner LLP, Washington, D.C., Thomas Brejcha, Chicago, IL, for Appellant.

Lori Swanson, Minnesota Attorney General, St. Paul, MN, Michael J. Scott, Office of Anoka City Prosecutor, Anoka, MN, for Respondent.

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

OPINION

ANDERSON, G. BARRY, Justice.

Appellants Luke A. Otterstad and Robert A. Rudnick appeal their convictions under Minn.Stat. § 609.74(1) (2006) (the state public nuisance statute) and Anoka, Minn., Code §§ 36-81 to 36-89 (2004) (the city's sign ordinance) for their display of political signs on the Ferry Street bridge over Highway 10 in Anoka. We hold that the state did not prove that appellants maintained a condition that endangered...

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