City of Thief River Falls v. Swick

The issue presented on this appeal is whether Minn. St. 1969, § 117.16, permitted the allowance of attorneys’ fees incurred in inverse condemnation proceedings which were dismissed when the original condemnation was discontinued. The trial court denied recovery and we affirm.

In 1969, the city of Thief River Falls began condemnation proceedings to acquire appellants’ land for a sewage treatment facility. Because the proposed use would affect the value of property not condemned, appellants commenced a mandamus suit to compel the city to award damages for other property they owned. Ultimately,…