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SCHAUST v. TOWN BD. OF HOLLYWOOD TP., CARVER CTY.

No. 43016.

204 N.W.2d 646 (1973)

Mathias S. SCHAUST, et al., Appellants, v. TOWN BOARD OF HOLLYWOOD TOWNSHIP, CARVER COUNTY, Minnesota, Respondent.

Supreme Court of Minnesota.

February 23, 1973.

Attorney(s) appearing for the Case

Dahl, Perkins & Lilja, Delano, Koll, Fahlgren & Hartfeldt, St. Paul, for appellants.

Robert A. Nicklaus and Dwight J. Leatham, Chaska, for respondent.

Heard before KNUTSON, C. J., and TODD, MacLAUGHLIN, and SCHULTZ, JJ. Reconsidered en banc.

PER CURIAM.

Appeal from an order denying a motion for a new trial and from the judgment.

Plaintiffs, Mathias S. Schaust and Walter Barfnecht, brought this suit to prohibit defendant, Town Board of Hollywood Township, Carver County, from altering and widening a township road which adjoined plaintiffs' property. The trial court granted a temporary injunction. After trial without a jury, judgment was ordered vacating the temporary injunction. Plaintiffs made...

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