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METROPOLITAN AIRPORTS COM'N v. NOBLE

No. A06-2400.

763 N.W.2d 639 (2009)

METROPOLITAN AIRPORTS COMMISSION, Respondent, v. Thomas W. NOBLE, Respondent, Speedway SuperAmerica LLC, a Delaware corporation, Appellant, Northern States Power Company, n/k/a Xcel Energy, Respondent, State of Minnesota, Respondent, County of Hennepin, Respondent, City of Bloomington, Respondent.

Supreme Court of Minnesota.

April 9, 2009.

Attorney(s) appearing for the Case

Gary A. Van Cleve, Michael J. Mergens, Larkin Hoffman Daly & Lindgren, Ltd., Minneapolis, MN, for appellant.

James R. Dorsey, Stuart T. Alger, Leonard, Street and Deinard, P.A., Minneapolis, MN, for respondent Thomas W. Noble.

OPINION

MEYER, Justice.

Thomas Noble owned and leased real property to Speedway SuperAmerica LLC (SuperAmerica) for 12 years, until the property was condemned. The lease between Noble and SuperAmerica contained a condemnation clause that terminated the lease upon condemnation. A "damages" clause gave Noble all rights to a condemnation award, with separate language that Noble "shall not be entitled to any award made to [lessee] for the fair value of, and...

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