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CITY OF JORDAN v. CHURCH OF ST. JOHN

No. A08-0999.

764 N.W.2d 71 (2009)

CITY OF JORDAN, petitioner, Respondent, v. The CHURCH OF ST. JOHN the BAPTIST OF JORDAN, a Minnesota religious corporation, Appellant, Premier Bank, mortgagee, Lower Court Respondent.

Court of Appeals of Minnesota.

April 14, 2009.

Attorney(s) appearing for the Case

Annette M. Margarit, Jessica L. Sanborn, Severson, Sheldon, Dougherty & Molenda, P.A., Apple Valley, MN, for respondent City of Jordan.

Larry D. Martin, Dennis T. Olson II, L.D. Martin & Associates, Ltd., Chaska, MN, for appellant.

Considered and decided by LARKIN, Presiding Judge; WORKE, Judge; and STAUBER, Judge.

OPINION

WORKE, Judge.

In this eminent-domain dispute involving land owned by appellant-church, the church argues that the district court's grant of the city's petition to acquire an easement over certain land for sidewalk and traffic signal purposes violates Minn. Stat. § 315.42 (2008), which precludes placing "roads or streets" over land owned by religious corporations without the consent of the corporation's governing board. We reverse.

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