Judd v. State ex rel. Humphrey

-SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Appellant State of Minnesota commenced this eminent domain proceeding to acquire property from respondent Martin Judd. Judd filed a timely appeal of the commissioners’ award of damages with the district court, but did not serve a copy of the notice of appeal on appellant within the 40-day appeal period. See Minn.Stat. § 117.145 (1990).

Appellant moved to dismiss, arguing that respondent’s failure to serve the notice of appeal deprived the trial court of subject matter jurisdiction. The trial court denied the motion, and purported to certify an…