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FOSTER v. BERGSTROM

No. C3-93-2096.

515 N.W.2d 581 (1994)

Robert L. FOSTER, et al., Appellants, v. Fidelia BERGSTROM, et al., City of Pine City, by and through its City Council, Respondents.

Court of Appeals of Minnesota.

April 26, 1994.

Attorney(s) appearing for the Case

Barry L. Blomquist, North Branch, for appellants.

Gary A. Van Cleve, Larkin, Hoffman, Daly & Lindgren, Bloomington, for Fidelia Bergstrom, et al.

Kevin Hofstad, Ledin & Hofstad, Pine City, for City of Pine City.

Considered and decided by PARKER, P.J., and HUSPENI and MULALLY, JJ.

OPINION

PARKER, Judge.

Residential landowners requiring public access for a proposed subdivision brought an action against a neighboring family and the city to declare an existing roadway a public street. The neighboring family successfully invoked the Marketable Title Act as a defense and established ownership by construction of their deed. The landowners appeal the district court's declaration that the disputed...

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