Legal Opinion

Town of Fayal v. City of Eveleth

Court of Appeals of Minnesota

Decided January 5, 1999No. C2-98-875PublishedCited by 7 opinions

1Opinion of the Court

OPINION

AMUNDSON, Judge.

Fayal Township petitioned for condemnation of the City of Eveleth’s water lines, hydrants, and appurtenant easements lying within Fayal’s borders to acquire complete ownership of the water system located within Fayal. Eveleth moved to dismiss the petition.

The district court concluded that Fayal had the authority to condemn Eveleth’s property under both its general grant of eminent domain power and its express grant to acquire private property by eminent domain proceedings. The court further concluded that Fayal had an implied right to condemn Eveleth’s property,…

2Cases cited12 opinions

  1. HOUSING & REDEVEL. AUTHOR. OF MINNEAPOLIS v. Mpls. Metropolitan Co.Supreme Court of Minnesota · 1960
  2. City of Duluth v. StateSupreme Court of Minnesota · 1986
  3. Minneapolis & St. Louis Railroad v. Village of HartlandSupreme Court of Minnesota · 1901
  4. Northwestern Telephone Exchange Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1899
  5. Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929

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3Cited by7 opinions

  1. Lundell v. COOPERATIVE POWER ASS'NSupreme Court of Minnesota · 2006
  2. Grant County Public Utility District No. 2 v. North American Foreign Trade Zone Industries, L.L.C.Court of Appeals of Washington · 2005
  3. In re Vermont Gas Systems, Inc. (William Marks, Nancy Baker, Linda Gage, Rachael Smolker, Melanie Pulley, Stephanie Spencer, and Lawrence Shelton, Appellants)Supreme Court of Vermont · 2017
  4. Williams Pipeline Co. v. Soo Line RailroadCourt of Appeals of Minnesota · 1999
  5. In re Vermont Gas Systems, Inc. (William Marks, Nancy Baker, Linda Gage, Rachael Smolker, Melanie Pulley, Stephanie Spencer, and Lawrence Shelton, Appellants)Supreme Court of Vermont · 2017

2 more not listed; retrieve them via the Exa API.

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