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NIEHAUS v. CITY OF LITCHFIELD

No. C5-94-2188.

529 N.W.2d 410 (1995)

Erv T. NIEHAUS, Appellant, v. The CITY OF LITCHFIELD, defendant and counter-claimant, Respondent, v. Erv T. NIEHAUS, Counter-Defendant, Appellant.

Court of Appeals of Minnesota.

March 28, 1995.

Attorney(s) appearing for the Case

Ronald R. Frauenshuh, Sr., Frauenshuh & Spooner, Paynesville, for appellant.

David G. Berry, Olson, Nelson, Drange & Wood, Litchfield, for respondent.

Considered and decided by NORTON, P.J., and PARKER and FOLEY, JJ.

OPINION

PARKER, Judge.

A purchaser of land appeals the trial court's decision that the City of Litchfield obtained an easement by necessity over his property. The city had accidentally placed utility lines outside an express easement originally platted for the lines. We reverse, and dissolve the trial court's order that the landowner remove fence posts from the misplaced utility corridor.

FACTS

Laura and Paul Clouse owned property in 1978...

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