Court of Appeals of Minnesota June 24, 1986, No. C3-86-202 (City of Rushford Village v. Darr)

OPINION

HUSPENI, Judge.

Appellant, the City of Rushford, brought a petition for condemnation proceedings to acquire an easement over respondent, Den-nie Darr’s property. The trial court dismissed the petition on the grounds that it violated Minn.Stat. § 117.042 (1984). On appeal, the City of Rushford argues that the trial court erred by dismissing the petition. We agree and reverse and remand.