State Ex Rel. Mattson v. Colon

Kelly, Justice.

This case involves the condemnation for highway purposes of a portion of respondents’ land. The state appeals from an order denying its motion for a new trial. The thrust of the state’s appeal is that the lower court erred in refusing to submit to the jury the issue of whether special benefits inured to the remainder of the land and that the court should have allowed testimony and other evidence as to the value of those claimed benefits. We affirm.

The issue in this case is identical with that posed in State, by Mattson, v. Michelson, 284 Minn. 563, 564, 170 N. W. 2d 442, 443…