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Try CasePortal for FreeJ. Klappenbach finds the trial court improperly dismissed the counterclaim filed by the citizen seeking a declaration of rights to an implied easement of pedestrian ingress and egress over the property at question in this imminent domain action. The counterclaim was wrongly dismissed as untimely. Whether it existed at the time the citizens filed their answer or after, the relevant rule of civil procedure permits filing beyond the 30-day limit for filing an answer. Reversed and remanded.
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