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HUVER BY HUVER v. OPATZ

No. C4-85-585.

372 N.W.2d 95 (1985)

Timothy John HUVER, a minor, by his father, John HUVER and John Huver, Appellant, v. Cheryl OPATZ, et al., Defendants, LeSauk Township, Respondent.

Court of Appeals of Minnesota.

Review Granted October 18, 1985.

Attorney(s) appearing for the Case

Robert J. King, Jr., Minneapolis, for appellant.

David M. Boldt, Minneapolis, for Cheryl Opatz.

Timothy W. Waldeck, Minneapolis, for Trobec Enterprises.

Frank J. Rajkowski, St. Cloud, for St. Wendel Township.

Michael J. Ford, St. Cloud, for LeSauk Township.

Heard, considered and decided by NIERENGARTEN, P.J., and LANSING and RANDALL, JJ.

OPINION

RANDALL, Judge.

Appellant Timothy Huver appeals from a pre-trial summary judgment entered in favor of respondent LeSauk Township on February 19, 1985. The trial court concluded that LeSauk Township could not be negligent because it did not have the duty to maintain and repair that portion of a townline road on which Huver was injured. We reverse and remand for trial on the merits.

FACTS

On July 4, 1983, Timothy Huver sustained serious...

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