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INTERSTATE COMPANIES v. CITY OF BLOOMINGTON

No. A10-481.

790 N.W.2d 409 (2010)

INTERSTATE COMPANIES, INC., et al., Appellants, v. CITY OF BLOOMINGTON, et al., Respondents.

Court of Appeals of Minnesota.

November 9, 2010.

Attorney(s) appearing for the Case

Lee A. Henderson , Hessian & McKasy, P.A., Minneapolis, MN, for appellants.

John M. Baker , Monte A. Mills , Greene, Espel, P.L.L.P., Minneapolis, MN; and Thaddeus R. Lightfoot , The Environmental Law Groups, Ltd., Minneapolis, MN, for respondents.

Considered and decided by KLAPHAKE, Presiding Judge; HALBROOKS, Judge; and HARTEN, Judge.

OPINION

KLAPHAKE, Judge.

Appellants challenge the district court's summary judgment in favor of respondents City of Bloomington and Metropolitan Airports Commission (MAC), on appellants' claims of a regulatory taking and inverse condemnation.

Because the district court failed to consider the more restrictive language of the Minnesota Constitution, which provides greater protection to a property owner than the United States Constitution, and because...

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