City of Eagan v. O'NEIL

OPINION

WOZNIAK, Chief Judge.

FACTS

The O’Neils own land in Eagan. In 1985, the city acquired permanent easements, by exercise of its powers of eminent domain, for the construction of storm sewer ponds. The O’Neils made no objection to the findings of public purpose and necessity. No appeal was taken from the November 1985 order allowing the taking.

In November 1988, the O’Neils moved the trial court for a rehearing on the issues of public purpose and necessity. They argued the city acquired the easements solely to benefit a private developer. The motion was denied by order on January 12, 1989,…