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SHINNEMAN v. ARAGO TP.

No. 49423.

288 N.W.2d 239 (1980)

Albert D. SHINNEMAN, Respondent, v. ARAGO TOWNSHIP, et al., Appellants.

Supreme Court of Minnesota.

January 4, 1980.

Attorney(s) appearing for the Case

Gregory D. Larson, Park Rapids, for appellants.

John A. Masog, Park Rapids, for respondent.

Wallace F. Gustafson, Gen. Counsel for Minnesota Ass'n of Tp. Officers, Willmar, amicus curiae.

Heard before SHERAN, C. J., OTIS, and KELLY, JJ., and considered and decided by the court en banc.

OTIS, Justice.

In October 1976 plaintiff Albert Shinneman petitioned the Arago Township Board to vacate a road crossing his property that had never been officially dedicated. The town board took no action on the petition. By a complaint served November 4, 1976, plaintiff sued to enjoin defendant townships, Arago and Lake Emma, from using and maintaining the road, and, in the alternative, he requested that the court vacate the road or award him damages. The defendant...

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