Laserfiche WebLink
• <br /> STATEMENT OF THE CASE <br /> • <br /> This case was heard in the Hennepin County District Court before the Honorable <br /> Thomas H. Carey pursuant to an appeal by Hennepin County and a cross-appeal by <br /> Respondents, James J. Johnson and Sharon L. Johnson from the findings of the condemnation <br /> commission appointed by the Court. Appellant sought a partial summary judgment on the <br /> issue of the highest and best use of the property. The trial court ruled against the Appellant <br /> and the case was tried on stipulated facts. The Appellant Hennepin County appeals herein the <br /> legal determination of highest and best use upon which the determination of the value of the <br /> • <br /> taking was made. <br /> STATEMENT OF FACTS <br />• This case arose in the context of a condemnation action initiated by Hennepin County <br /> (the County) to facilitate the improvement of County State Aid Highway (CSAH) 6. The <br /> County and Respondents disagree regarding the method by which the taking of a portion of <br />• <br /> Respondent's property, Parcel 29, should be valued in these proceedings. <br /> Parcel 29 encompasses a property that was platted in 1972 as "Mark One". This plat <br /> broke the parcel up into two blocks and one outlot. Block 1, Lots 1, 2 and 3 ran adjacent to <br /> CSAH 6. Block 2 abutted Watertown Road and also included 3 lots. Blocks 1 and 2 were <br /> separated by a short cul-de sac that was designated as Outlot A. Each lot occupied an area <br /> 0 <br /> greater than one acre. Mark One was approved and filed pursuant to the then-existing Orono <br /> zoning code that permitted the development of single-family residences in that area on one-acre <br />• lots. <br /> 0 1 <br />