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MORITZ v. TOWN OF BURNS

No. 42815.

193 N.W.2d 620 (1972)

Theodore MORITZ, Petitioner, Appellant, v. TOWN OF BURNS, et al., Respondents.

Supreme Court of Minnesota.

January 14, 1972.

Attorney(s) appearing for the Case

Lawrence H. Sullivan, Osseo, for appellant.

Babcock, Locher, Neilson & Mannella, Anoka, for respondents.

Heard before KNUTSON, C. J., and ROGOSHESKE, PETERSON, and KELLY, JJ.

OPINION

PETERSON, Justice.

Plaintiff, Theodore Moritz, who brought this mandamus action to compel defendant town and the individual defendants, members of the town's board of supervisors, to remove an obstruction from an alleged public road or, in the alternative, to relocate the road, appeals from the district court's order dismissing the action "with prejudice."1

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