Opinion
No. 42699.
April 9, 1971.
Eminent domain — dismissal of proceedings — award of attorneys' fees to property owners.
Condemnation proceeding in the Kandiyohi County District Court brought by the city of Willmar. After commissioners' award of damages, petitioner dismissed as to respondents Murray C. Hansen and Velma E. Hansen. The court, C. A. Rolloff, Judge, found said respondents entitled to recover $1,827.38 for attorneys' fees and expenses, and petitioner appealed from the judgment entered. Affirmed.
L. Wayne Larson, Assistant City Attorney, for appellant.
Willette, Zeug Kraft and James E. Zeug, for respondents.
Heard before Nelson, Murphy, Rogosheske, Peterson, and Kelly, JJ.
The city of Willmar appeals from the judgment of the district court awarding respondents reasonable attorneys' fees in the amount of $1,800 upon dismissal of condemnation proceedings instituted by appellant with respect to respondents' land. Minn. St. 117.16. The affidavits of respondents' attorneys as to the services rendered and the court's personal observation of in-court services performed by the attorneys were sufficient to sustain the award. Respondents, in addition to affirmance of the judgment, are awarded $250 attorneys' fees in this court.
Affirmed.