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HOUSING & REDEV. AUTH. v. MAIN STREET FRIDLEY PROPERTIES, LLC

No. A08-0880.

755 N.W.2d 789 (2008)

The HOUSING AND REDEVELOPMENT AUTHORITY in and for the City of Fridley, petitioner, Respondent, v. MAIN STREET FRIDLEY PROPERTIES, LLC, Appellant.

Court of Appeals of Minnesota.

September 16, 2008.

Attorney(s) appearing for the Case

Phillip R. Krass, C. John Jossart, Molly R. Hamilton, Krass Monroe, P.A., Minneapolis, MN, for respondent.

Robert Bennett, Scott M. Rusert, Ryan O. Vettleson, Flynn, Gaskins & Bennett, L.L.P., Minneapolis, MN, for appellant.

Considered at Special Term and decided by TOUSSAINT, Chief Judge; PETERSON, Judge; and MINGE, Judge.

SPECIAL TERM OPINION

TOUSSAINT, Chief Judge.

FACTS

For the purpose of constructing the Fridley Rail Station on the North Star Commuter Rail Line, respondent The Housing and Redevelopment Authority in and for the City of Fridley petitioned to condemn property owned by appellant Main Street Fridley Properties, LLC. Appellant challenged both the public purpose and necessity for the taking and respondent's authority to take the property for the purpose...

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