City of Bloomington v. Munson

Gordon L. McRae, Justice. *

This is an appeal from an order of the district court denying a motion by the city of Bloomington to dismiss condemnation proceedings. Although the appeal is from an order which is not appealable as a matter of right, 1 we do consider the matter on the basis of discretionary review under Rule 105, Rules of Civil Appellate Procedure, in the belief that no purpose will be served in dismissing the appeal and thereby requiring the city to raise the same issues on appeal from the judgment. Cf. Fritz v. Warthen, 298 Minn. 54, 213 N. W. 2d 339 (1973).

The trial court’s…