READS LANDING CAMPERS v. TP. OF PEPIN

No. C2-94-2133.

546 N.W.2d 10 (1996)

READS LANDING CAMPERS ASSOCIATION, INC., Respondent, Soo Line Railroad Company, d/b/a CP Rail System, petitioner, Appellant, v. TOWNSHIP OF PEPIN, Respondent, State of Minnesota, Respondent, and Richard McCaleb, et al., intervenors-defendants, petitioners, Respondents.

Supreme Court of Minnesota.

April 19, 1996.


Attorney(s) appearing for the Case

Patrick J. Nugent, Minneapolis, for appellant.

Jerry Kellum, Winona, for Reads Landing Campers Assoc.; William L. Thomas, Lake City, for Township of Pepin; Hubert H. Humphery, III, Attorney General and Donald A. Kannas, Assistant Attorney General, St. Paul, for the State of MN; George L. May, Hastings, for Richard McCaleb, et al.

Heard, considered and decided by the court en banc.


OPINION

GARDEBRING, Justice.

Reads Landing Campers Association (RLCA), in a declaratory judgment action against the Township of Pepin (Pepin), sought a judicial determination that two platted but undeveloped streets that gave access to the Mississippi River had been abandoned by Pepin. The parties added Soo Line Railroad (Soo Line) and the State of Minnesota (state) when ownership of the riparian beach front...

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