City of Aberdeen v. Lutgen

(on reassignment).

This case involves a condemnation proceeding filed by the City of Aberdeen (city) against land owned by Charles Lutgen (Lutgen). The action was tried to a jury in Brown County and a verdict was rendered in favor of Lutgen, valuing the property in question at .$22,877.71. Immediately following the return of the verdict and prior to entry of judgment on the verdict, the city moved to abandon and discontinue the condemnation proceedings. After submission of briefs and oral argument, the trial court granted the city’s motion to dismiss and ordered the city to pay Lutgen’s…