City of Brainerd, Respondent (A11-0644), vs. Brainerd Investments Partnership, et al., Respondents Below (A11-0644), Roger Anda, et al., Appellants (A11-0644); Betty Anda, et al., Appellants (A11-1471), vs. City of Brainerd, Minnesota, Respondent (A11-1471).
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STATE OF MINNESOTA IN SUPREME COURT A11-0644 A11-1471 City of Brainerd, Respondent (A11-0644), vs. Brainerd Investments Partnership, et al., Respondents Below (A11-0644), Roger Anda, et al., Appellants (A11-0644); Betty Anda, et al., Appellants (A11-1471), vs. City of Brainerd, Minnesota, Respondent (A11-1471). ORDER Upon the court s own motion and based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED that the slip opinion filed on March 13, 2013, is amended on page 1 and page 12 to reflect Justice Wright s participation in the consideration and decision of the above-entitled case. The corrected pages are attached to this order. Dated: March 25, 2013 BY THE COURT: /s/ Lorie S. Gildea Chief Justice STATE OF MINNESOTA IN SUPREME COURT A11-0644 A11-1471 Court of Appeals Gildea, C.J. Dissenting, Anderson, G. Barry, J., Anderson, Paul, J. City of Brainerd, Respondent (A11-0644), vs. Filed: March 13, 2013 Office of Appellate Courts Brainerd Investments Partnership, et al., Respondents Below (A11-0644), Roger Anda, et al., Appellants (A11-0644); Betty Anda, et al., Appellants (A11-1471), vs. City of Brainerd, Minnesota, Respondent (A11-1471). ________________________ Gerald W. Von Korff, Rinke Noonan, Saint Cloud, Minnesota, for appellants. George C. Hoff, Justin L. Templin, Hoff, Barry & Kozar, P.A., Eden Prairie, Minnesota, for respondent. 1 In sum, under the common and ordinary meaning of owner, the State of Minnesota is an owner that may petition a municipality for an improvement under Minn. Stat. ยง 429.031, subd. 1(f). Because CLC is an owner, we hold that CLC s petition under section 429.031, subdivision 1(f) is valid. Affirmed. 12
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