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CCP 06-08-1987
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CCP 06-08-1987
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<br /> . <br /> . <br /> $30,000 each, or approximately $2.00 per square foot. <br /> . CONCLUSIONS OF LAW <br /> 1- The portion of the subject property which is used for <br /> the service road and access by the adjacent landowners is being <br /> . <br /> used for highway purposes, and is therefore not subject to <br /> discharge under the provisions of M.S. 117.225. <br /> 2. The portion of the subject property which lie lOO feet <br /> east of the centerline of Old STH 51 - Snelling Avenue and 49~ <br /> feet south of the centerline of County Road E are being used for <br /> highway purposes, and therefore are not subject to discharge <br /> under the provisions of M.S. 117.225. , <br /> 3. That the grassy area lying between those roads is useful <br /> for highway purposes, even though in excess of the minimum <br /> necessary for sight distances and roadways. <br /> . 4. The incidental use of the grassy area for recreational <br /> purposes by neighbors and the installation of the softball <br /> backstop is incidental to its use for highway purpose. <br /> 5. Inasmuch as the majority of the land acquired by the <br /> State is being used for highway purposes, no part of the <br /> easement should be discharged. <br /> ORDER <br /> Based on the above Findings of Fact and Conclusions of taw, <br /> judgment is hereby granted in favor of all respondents and the <br /> petition for Writ of Mandamus Judgment <br /> shall be entered without <br /> Dated: ~ /~~ -fl <br /> . <br />
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