Kittson County Board of Commissioners v. Miller
This text of 175 N.W.2d 502 (Kittson County Board of Commissioners v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appeal from an order of the district court denying the motion of defendants Mary D. Miller and Ronald G. Cox to dismiss condemnation proceedings instituted by the Board of Commissioners of Kittson County pursuant to Minn. St. 163.12. The order from which the appeal is taken is not appealable as of right. State, by Mondale, v. Ohman, 267 Minn. 138, 125 N. W. (2d) 419; Minnesota Cent. R. Co. v. Peterson, 31 Minn. 42, 16 N. W. 456.
At oral argument it was conceded that the construction involved has been substantially completed. This being the case, the discretionary review contemplated by Rule 105 of the Rules of Civil Appellate Procedure, effective February 1, 1968, will not be employed. Cf. State, by Head, v. Christopher, 284 Minn. 233, 170 N. W. (2d) 95; State ex rel. Bennett v. Brown, 216 Minn. 135, 12 N. W. (2d) 180.
Appeal dismissed.
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Cite This Page — Counsel Stack
175 N.W.2d 502, 286 Minn. 528, 1970 Minn. LEXIS 1259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kittson-county-board-of-commissioners-v-miller-minn-1970.