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HEITZEG v. TOWN OF KEISTER

No. C5-84-262.

356 N.W.2d 423 (1984)

Charles HEITZEG, Respondent, v. TOWN OF KEISTER, Appellant.

Court of Appeals of Minnesota.

Review Denied January 2, 1985.

Attorney(s) appearing for the Case

John H. Frundt, Frundt, Frundt & Johnson, Blue Earth, for respondent.

James E. Broberg, Christian, Slen, Savelkoul, Johnson, Broberg & Kohl, Albert Lea, for appellant.

Heard, considered, and decided by SEDGWICK, P.J., and NIERENGARTEN and RANDALL, JJ.

OPINION

RANDALL, Judge.

This is a nuisance action brought against the town of Kiester by a farmer, Charles Heitzeg, who alleges that the town's failure to install a culvert under the township road which bisected his land created a nuisance. In answer to a special interrogatory, the jury found that the town's failure to install a culvert created a nuisance, and awarded Heitzeg $6,000.00 in damages. In addition, the court on its own motion ordered the town...

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