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eBook details

• Title: Paulucci v. City of Duluth and Lake Superior Paper Industries
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 20, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

McMILLIAN, Circuit Judge Jeno F. Paulucci and Lois Paulucci (the Pauluccis) appeal from a final judgment entered in the District Court1 for the District of Minnesota denying their motion for voluntary dismissal under Fed. R. Civ. P. 41(a)(2) and granting summary judgment in favor of the City of Duluth (the City) and Lake Superior Paper Industries (LSPI). Paulucci v. City of Duluth, No. Civ. 5-86-99 (D. Minn. Oct. 30, 1986). The Pauluccis alleged that the City's taking of their property for a non-public use violated their Fifth and Fourteenth Amendment rights. For reversal, the Pauluccis argue that the district court (1) abused its discretion in failing to consider whether an award of attorney's fees and costs would eliminate any prejudice the City and LSPI would suffer as a result of the voluntary dismissal, (2) abused its discretion in holding that certain expenses incurred by the City and LSPI justified the denial of their motion to voluntarily dismiss, and (3) erred in granting summary judgment in favor of the City and LSPI on res judicata (claim preclusion) and collateral estoppel (issue preclusion) grounds because there was no final judgment in the state court action. For the reasons discussed below, we affirm the judgment of the district court. The Pauluccis, residents of the City, owned property which the City sought to acquire in order that LSPI could build a paper mill on the site. The City contended that the paper mill would benefit the economically depressed area of Northern Minnesota by providing employment for area residents. The City brought an eminent domain action in state court under Minnesota's ""quick-take statute."" Minn. Stat. § 117.042. LSPI and the Pauluccis filed objections to the condemnation. LSPI moved to intervene and the state trial court granted the unopposed motion. The state trial court scheduled the evidentiary hearing for April 18, 1986. Prior to this date, on April 14, 1986, the Pauluccis filed an affidavit requesting the removal of the state trial judge. After conference with counsel, the judge recused himself.

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