Legal Opinion

Chenoweth v. City of New Brighton

Court of Appeals of Minnesota

Decided January 28, 2003No. C0-02-945PublishedCited by 4 opinions

1Opinion of the Court

OPINION

STONEBURNER, Judge.

Joseph and Vickie Chenoweth, and Creative Growth, Inc., a Minnesota corporation, d/b/a Chenoweth Floral and Greenhouses, appeal the denial of their petition for a writ of mandamus to compel the City of New Brighton to initiate condemnation proceedings to compensate them for damage to their property caused by city-facilitated private development on adjacent property. Because the city’s involvement in the development does not constitute state action for purposes of stating a claim for inverse condemnation, we affirm.

FACTS

Appellants Joseph and Vickie Chenow-eth, and…

2Cases cited12 opinions

  1. Armstrong v. United StatesSupreme Court of the United States · 1960
  2. Alevizos v. Metropolitan Air. Com'n of Mpls. & St. P.Supreme Court of Minnesota · 1974
  3. State v. WicklundSupreme Court of Minnesota · 1999
  4. Dickerman v. City of DuluthSupreme Court of Minnesota · 1903
  5. Zeman v. City of MinneapolisSupreme Court of Minnesota · 1996

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

3Cited by4 opinions

  1. Oliver v. State Ex Rel. Commissioner of TransportationCourt of Appeals of Minnesota · 2009
  2. Chenoweth v. City of New BrightonCourt of Appeals of Minnesota · 2003
  3. RK Midway, LLC v. Metropolitan CouncilCourt of Appeals of Minnesota · 2017
  4. Ugorets v. City of ShorewoodDistrict Court, D. Minnesota · 2023

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