WEGNER V. MILWAUKEE MUTUAL INSURANCE CO., Supreme Ct. of MN, 1991, 479 N.W.2d 38

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WEGNER V. MILWAUKEE MUTUAL INSURANCE CO., Supreme Ct. of MN, 1991, 479 N.W.2d 38 Powered By Docstoc
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WEGNER V. MILWAUKEE MUTUAL INSURANCE CO., Supreme Ct. of MN, 1991, 479 N.W.2d 38 History: District court granted city’s motion for summary judgment on the “taking” issue; Court of appeals affirmed, saying the “taking” was noncompensable; Facts: Minneapolis police department severely damages a house owned by Wegner while attempting to apprehend an armed suspect Issue(s): Whether taking of house was of public necessity to apprehend armed suspect. Holding: Affirmed in part, reversed in part—“taking” was noncompensable, remanded Analysis: Purpose of damage clause is to compensate private landowners for physical invasion of their property and damages caused by the state where no physical damages occurred; constitutional requirement that the taking or damaging must be for public use for compensation to be paid Court held that where an innocent 3rd party’s property is damaged by police in the course of apprehending a suspect, property is damages w/in scope of constitution Court not allowing police to defend its actions on the basis of public necessity Individual police officers acting in public interest cannot be personally liable; citizens of the city should all bear cost of the benefit conferred