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Legal Opinion

In Re the June 9, 2000 Fence Viewing Petition of Bailey

Court of Appeals of Minnesota

Decided May 15, 2001No. C9-00-1703Published

1Opinion of the Court

OPINION

DANIEL F. FOLEY, Acting Judge.

On appeal from a decision of the Lake of the Woods County Commission requiring contribution for installation of a statutory fence in a farmed cervidae operation, 1 rela- tors allege that (1) the application of Minnesota Statutes chapter 344, the Minnesota fence viewer statute, violated the Fifth and Fourteenth Amendments to the United States Constitution and Article 1, Section 13, of the Minnesota Constitution by depriving them of due process of law and just compensation for taken property; (2) the contribution decision exceeded the statutory powers of the…

2Cases cited19 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  3. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
  4. Lawton v. SteeleSupreme Court of the United States · 1894
  5. Tuma v. Commissioner of Economic SecuritySupreme Court of Minnesota · 1986

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