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

No. A09-1894.

801 N.W.2d 160 (2011)

STATE of Minnesota, by its COMMISSIONER OF TRANSPORTATION, Respondent, v. Gary William KETTLESON, et al., Respondents Below, Richard Lepak, Appellant.

Supreme Court of Minnesota.

August 10, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Steven P. LaPierre , Assistant Attorney General, St. Paul, MN, for respondent.

Charles N. Nauen , David J. Zoll , Lockridge Grindal Nauen P.L.L.P., Minneapolis, MN, for appellant.

OPINION

MEYER, Justice.

The issue in this case is whether a taking by the Minnesota Department of Transportation (MnDOT) of a portion of appellant Richard Lepak's land to restore highway access to a neighboring parcel constitutes a public use or purpose. The court of appeals affirmed a condemnation order requested by the Commissioner of Transportation for the improvement and widening of Highway 61 in Cook County. Lepak contends that the State does not have...

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