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eBook details

• Title: Fred G. Brewitz v. City St. Paul
• Author : Supreme Court of Minnesota
• Release Date : January 13, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This case is brought by a property owner to recover for damage to his property caused by lowering the grade of an adjoining
street. Plaintiff has occupied, improved, and maintained his property since November 1949. It is located in St. Paul and has
a frontage of 297 feet on the east side of Clarence Street, which street runs in a northerly and southerly direction. Plaintiff
makes the claim that as a result of street grading by the city of St. Paul his property has been damaged through interference
with access respecting two driveways opening onto Clarence Street and that the grading also necessitated changes in the private
sidewalk which runs to the front entrance of plaintiff's home in order to afford adequate access by foot. The city does not
dispute these items of damage claimed by plaintiff nor the jury's findings on that issue. Plaintiff, however, was permitted,
over objection by the city, to claim as damages loss of lateral support resulting from the grading and lowering of Clarence
Street and in connection therewith to claim the need for a retaining wall to arrest continuing damage. The latter issues are
before this court. The defendant city conducted two separate and distinct procedures relating to plaintiff's property. It lowered the grade
of Clarence Street where it adjoins plaintiff's property and it then took an easement by condemnation in and through plaintiff's
property for the purpose of constructing a slope from the street base upward and onto plaintiff's property.

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