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TOWN OF LEBANON, DAKOTA COUNTY v. LAND HOLDING CO.

No. 40066.

143 N.W.2d 60 (1966)

TOWN OF LEBANON, DAKOTA COUNTY, Petitioner, Respondent, v. LAND HOLDING COMPANY, a partnership composed of Orrin E. Thompson, Dennis O. Thompson and O. B. Thompson; and Orrin E. Thompson Construction Corporation, Respondents, Lawrence A. Keller, and Frances M. Keller, Respondents, Joseph E. McDonald, Anna McDonald and Marie Erler, Respondents, Dakota County Electric Cooperative, Respondent, Minneapolis Gas Company, Respondent, Northwestern Gravel Company and Ray W. Skelton Company, Inc., Appellants.

Supreme Court of Minnesota.

May 27, 1966.

Attorney(s) appearing for the Case

Lawrence L. Lenertz, South St. Paul, for appellants.

McMenomy, Hertogs & Fluegel, Hastings, for Town of Lebanon.

Brill & Brill, Minneapolis, for Land Holding Co. and Thompson.

A. Leonard Bentson, Lakeville, for Keller.

Grathwol & Ploetz, Excelsior, for McDonald and Erler.

Harold LeVander, South St. Paul, for Dakota County Elec. Coop.

Daniel R. Hart, Minneapolis, for Minneapolis Gas Co.

PER CURIAM.

Northwestern Gravel Company and Ray W. Skelton Company, Inc., appeal from an order of the district court granting the petition of the town of Lebanon, a municipal corporation, to condemn lands for the purpose of an extension to its street system.

The order followed trial of issues raised by appellants' answer to the petition alleging that the taking was unnecessary and solely for a private purpose. The court determined that the taking was both...

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