Foote v. City of Crosby

TODD, Justice.

Defendant City of Crosby appeals from an order of the Crow Wing County District Court refusing to dissolve a temporary injunction and making that temporary injunction permanent. The sole issue on appeal is whether the trial court erred by enjoining the city from removing shade trees located within the platted right-of-way of a city street as part of a municipal street improvement project. The trial court’s injunction was based on the theory that the removal of the trees constituted a compen-sable taking and that, therefore, condemnation proceedings must be commenced to prevent…