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STATE BY COM'R OF TRANSPORTATION v. ELBERT

A18-1280.

942 N.W.2d 182 (2020)

STATE of Minnesota, BY its COMMISSIONER OF TRANSPORTATION, Respondent, v. Rosemary R. ELBERT, et al., Appellants.

Supreme Court of Minnesota.

Filed: April 22, 2020.

Attorney(s) appearing for the Case

Keith Ellison , Attorney General, Matthew Ferche , Assistant Attorney General, Saint Paul, Minnesota, for respondent.

Harold A. Frederick , Eric S. Johnson , Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, Minnesota, for appellants.

Jon W. Morphew , Morphew Law Office, PLLC, Minneapolis, Minnesota; Leland J. Frankman , Frankman Law Offices, Minneapolis, Minnesota; James A. Yarosh , Siegel Brill, P.A., Minneapolis, Minnesota; and Stuart T. Alger , Malkerson Gunn Martin, LLP, Minneapolis, Minnesota, for amicus curiae Minnesota Eminent Domain Institute.

OPINION

Appellants Rosemary Elbert and family (the Landowners) own valuable property along Highway 61 between Silver Bay and Little Marais on the north shore of Lake Superior. The State, acting through the Minnesota Department of Transportation (the Department), condemned a small portion of the Landowners' property for...

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