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IN RE MAINTENANCE OF ROAD AREAS, ETC.

No. 46566.

250 N.W.2d 827 (1977)

In re MAINTENANCE OF ROAD AREAS SHOWN ON the PLAT OF SUBURBAN ESTATES, a Subdivision of the West Half of the Southwest Quarter of Section 32, Township 103 North, Range 17 West, Mower County, Minnesota. TOWN OF RED ROCK, et al., Respondents, v. COUNTY OF MOWER, et al., Defendants, Webb L. Davis, et al., Appellants.

Supreme Court of Minnesota.

January 14, 1977.

Attorney(s) appearing for the Case

Hoversten, Strom, Ryan, Johnson & Rysavy, and Craig W. Johnson, Austin, for appellants.

Baudler, Baudler & Maus and William J. Baudler, Austin, for respondents.

Heard before TODD, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court en banc.

TODD, Justice.

Certain land in the town of Red Rock, Mower County, Minnesota, was platted, which plat included a dedication of roads. The developers agreed to construct the designated roads according to certain specifications obtained from the county engineer. The plat was accepted for filing by the county and included the approval of the town board. After four homes were built or in the process of being built on the land, the town board refused to maintain the roads...

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