Legal Opinion

Fitger Brewing Co. v. State

Court of Appeals of Minnesota

Decided December 8, 1987No. C4-87-1031, C8-87-1307PublishedCited by 8 opinions

1Opinion of the Court

OPINION

CRIPPEN, Judge.

The question presented in this case is whether the trial court erred in awarding damages to respondent Fitger Brewing Company in an inverse condemnation action, where the state never acquired or physically took the property. We reverse.

FACTS

a. Background: events before 1970.

John Ferris owned and operated respondent Fitger Brewing Company in Duluth in a brewery building over a hundred years old located next to Lake Superior. The State of Minnesota, an appellant in this case, was planning a route for 1-35 through Duluth beginning in the late 1950’s. The state designed…

2Cases cited14 opinions

  1. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
  2. Klopping v. City of WhittierCalifornia Supreme Court · 1972
  3. Thomas E. Foster and Georgia Lee Foster, and Cross-Appellants v. City of Detroit, Michigan, and Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1968
  4. Foster v. City of Detroit, MichiganDistrict Court, E.D. Michigan · 1966
  5. Washington Market Enterprises, Inc. v. City of TrentonSupreme Court of New Jersey · 1975

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

3Cited by8 opinions

  1. City of Minneapolis v. MeldahlCourt of Appeals of Minnesota · 2000
  2. 614 Co. v. Minneapolis Community Development AgencyCourt of Appeals of Minnesota · 1996
  3. Chenoweth v. City of New BrightonCourt of Appeals of Minnesota · 2003
  4. Stenger v. StateCourt of Appeals of Minnesota · 1989
  5. J.K.S. Realty, LLC v. City of NashuaSupreme Court of New Hampshire · 2012

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

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