Northern States Power Co. v. Schulze
Northern States Power Co. v. Schulze
Opinion of the Court
The only issue here presented is whether a notice of appeal to the district court from a commissioners’ award in a condemnation proceeding conferred jurisdiction where the owner was named in the notice but only her husband actually signed the notice. The trial court held the notice to be fatally defective, and we reverse.
The land in question was condemned by the petitioner, Northern States Power Company, for an easement and right-of-way. Dissatisfied with the commissioners’ awards, the owner of what was designated Parcel 8, Alexander Chvestuik, and the owner of Parcel 8A, Evelyn M. Chvestuik, his wife, served on petitioner the following notice of appeal:
“State of Minnesota “District Court
County of Ramsey Second Judicial District
“Northern States Power Company, a corporation (by the Board of Directors thereof), Petitioner, vs. “Freida Schulze, a/k/a Freda Schulze, et al, and Alexander Chvestuik and Evelyn Chvestuik, Respondents.
“Notice of Appeal as to Parcel 8 and 8A
“In the matter of the condemnation for permanent easement and right of way in above entitled proceedings.
“To: Clerk of the above named district court, and the Northern States Power Company, Petitioner herein:
“Please Take Notice, that the respondents herein, Alexander Chves-tuik and Evelyn M. Chvestuik, his wife, hereby appeal to the above named District Court from the award and conditions thereto filed with the Clerk of said Court on the 20th day of August, 1968, of an award as*475 to Parcel 8 in the sum of $4,400.00, and as to Parcel 8A in the sum of $2,000.00 made to the above named respondents.
“The land described therein is the property described in Parcel 8 and Parcel 8A of the Commissioners’ award.
“The nature of the respondent’s claim, and the grounds of this appeal are that the award is insufficient, and the damages for taking said premises is in excess of $4,400.00 as to Parcel 8 and $2,000.00 as to Parcel 8A. That, in fact, said damages are in the amount of Seven Thousand and no/100 Dollars ($7,000.00) as to Parcel 8, and Ten Thousand and no/100 ($10,000.00) as to Parcel 8A.
“Your respondent further states that Notice of Filing Report of Commissioners in the above entitled matter was received by the respondents September 10,1968.
“Dated: October 7,1968.
“Alexander Chvestuik
Attorney Pro Se
299 Atwater Street
Saint Paul, Minnesota 55117
488-4433”
Minn. St. 1969, § 117.13, the statute governing appeals, provides in part as follows:
“At any time within 30 days after service of the notice that the report has been filed, the owner of lands taken may appeal to the district court from any award of damages embraced in the report, or from any omission to award damages to the appellant for the taking of lands claimed by him, by filing with the clerk a notice of such appeal. The notice shall specify the particular award or failure to award appealed from, the nature and amount of his claim, the land to which it relates, and the grounds of his appeal.”
The petitioner cites State, by Lord, v. Radosevich, 249 Minn. 268, 82 N. W. 2d 70 (1957), for the proposition that compliance with the appeal statute is jurisdictional.
We have concluded that the notice complied in all respects with the requirements of the statute. The issue of whether Alexander Chvestuik was guilty of unauthorized practice is wholly immaterial to the question of whether the trial court acquired jurisdiction. We now hold that it did.
Reversed.
The appeal statute considered in the cited case was Minn. St. 1953, § 117.20, which is the governing appeal statute when the state is the condemnor.
Petitioner subsequently dismissed its appeal.
Reference
- Full Case Name
- NORTHERN STATES POWER COMPANY v. FRIEDA SCHULZE AND OTHERS. ALEXANDER CHVESTUIK AND ANOTHER
- Status
- Published