ALTON v. WABEDO TP.

No. C1-94-695.

524 N.W.2d 278 (1994)

Howard R. ALTON, Jr., Respondent, v. WABEDO TOWNSHIP, Appellant.

Court of Appeals of Minnesota.

November 29, 1994.


Attorney(s) appearing for the Case

Victor H. Smith, Smith Law Office, Walker, for respondent.

Jana Austad, Kief, Fuller, Baer, Wallner & Rodgers, Ltd., Bemidji, for appellant.

Troy J. Gilchrist, John P. Dooley, St. Michael, for amicus curiae Minnesota Ass'n of Townships.

Considered and decided by DAVIES, P.J., and SCHUMACHER and AMUNDSON, JJ.


OPINION

AMUNDSON, Judge.

Respondent Howard R. Alton, Jr. initiated this action to prevent appellant, Wabedo Township (township), from clearing brush and trees for eight feet back from the surface of a road adjacent to his property. The district court granted Alton summary judgment and issued a permanent injunction preventing the township from clearing the brush and trees. The court concluded that the method for recording town roads in Minn. Stat. §...

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