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JOHNSON v. NESSEL TOWN

No. C5-91-2435.

486 N.W.2d 834 (1992)

In the Matter of the Petition of Raymond A. JOHNSON and Gladys M. Johnson, for the alteration of the Plat of Westview that is located in the Town of Nessel, County of Chisago, State of Minnesota, Respondents, v. NESSEL TOWN, et al., Defendants, Floyd G. Olson, et al., Appellants.

Court of Appeals of Minnesota.

July 14, 1992.

Attorney(s) appearing for the Case

Daniel P. DeWan, Jennings, DeWan & Anderson, P.A., North Branch, for respondents.

Barry L. Blomquist, North Branch, for appellants.

Considered and decided by LANSING, P.J., and NORTON and DAVIES, JJ.

OPINION

NORTON, Judge.

Appellants, the Olsons, challenge the trial court determination that a parcel of land, never dedicated to the public when platted, is not a town road. The Olsons characterize their appeal as from the partial summary judgment entered before trial. Upon three cross-motions for summary judgment, the trial court denied the Olsons' motion in an order implicitly granting Nessel's motion, holding that a street shown on a plat was not a town...

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