COUNTY OF RAMSEY v. STEVENS

No. 48537.

283 N.W.2d 918 (1979)

COUNTY OF RAMSEY, petitioner, Respondent, v. Joseph STEVENS, Appellant, Northern States Power Company et al., Respondents-Below.

Supreme Court of Minnesota.

September 14, 1979.


Attorney(s) appearing for the Case

Scanlan & Carlson and John J. Scanlan, St. Paul, for Stevens.

William B. Randall, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for Ramsey County.

LeVander, Gillen, Miller & Magnuson and Paul A. Magnuson, South St. Paul, for Northern States Power et al.

Heard before OTIS, ROGOSHESKE, and MAXWELL, JJ., and considered and decided by the court en banc.


OTIS, Justice.

Joseph Stevens appeals from the judgment of the Dakota County District Court awarding him damages in a condemnation proceeding against certain of his real property, and from an order denying his motion for a new trial. Appellant seeks a new trial on the ground that he was precluded from showing at trial, relative to his damages, (1) that when his property was actually, but unofficially, "taken," the highest and best use under the zoning ordinance was...

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