OLIVER v. STATE EX REL. COM'R OF TRANSP.

No. A08-646.

760 N.W.2d 912 (2009)

Dean OLIVER, et al., Appellant, v. STATE of Minnesota, by its COMMISSIONER OF TRANSPORTATION, Respondent.

Court of Appeals of Minnesota.

February 17, 2009.


Attorney(s) appearing for the Case

Zenas Baer, Zenas Baer and Associates, Hawley, MN, for appellants.

Lori Swanson, Attorney General, Erik M. Johnson, Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by CONNOLLY, Presiding Judge; ROSS, Judge; and BJORKMAN, Judge.


OPINION

ROSS, Judge.

This appeal arises from the district court's refusal to order the state to condemn a private property interest in rural Clay County after the state closed access to a privately owned roadway that had linked the claimants' parcel to Highway 10 since 1955. More precisely, Dean and Delores Oliver brought a mandamus action in the district court to compel the state to condemn their property interest in an easement over their neighbors' property...

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