C2-98-875, Town of Fayal, petitioner, Respondent v. City of Eveleth, a municipal corporation, Appellant

State: Minnesota

Court: Eighth Circuit Court of Appeals Clerk

Docket No: C2-98-875

Case Date: 01/05/1999

Plaintiff: C2-98-875, Town of Fayal, petitioner, Respondent

Defendant: City of Eveleth, a municipal corporation, Appellant

Preview:STATE OF MINNESOTA
IN COURT OF APPEALS
C2-98-875

Town of Fayal, petitioner,
Respondent
v.
City of Eveleth, a municipal corporation,
Appellant.

Filed January 5, 1999
Reversed
Amundson, Judge

St. Louis County District Court
File No. C8-97-101725

Scott C. Neff, Paul D. Cerkvenik, Trenti Law Firm, 1000 Lincoln Building, P.O. Box 958, Virginia, MN 55792 (for respondent)
John M. Colosimo, Michelle M. Lore, Colosimo, Patchin, Aronson & Kearney, Ltd., 301 Chestnut Street, Virginia, MN 55792 (for appellant)
Carla J. Heyl, 145 University Avenue West, St. Paul, MN 55103 (for amicus curiae League of Minnesota Cities)
Troy J. Gilchrist, 805 Central Avenue East, P.O. Box 267, St. Michael, MN 55376 (for amicus curiae Minnesota Association of Townships)
Considered and decided by Klaphake, Presiding Judge, Davies, Judge, and Amundson, Judge.

S Y L L A B U S
1.
A township does not have the express or implied statutory authority to condemn a municipality's property that is devoted to public use on the ground that it is private property.

2.
Under Minnesota Statute

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