LAKE GEORGE PARK, L.L.C. v. MATHWIG

No. C8-95-2499.

548 N.W.2d 312 (1996)

LAKE GEORGE PARK, L.L.C., Appellant, v. Jerry MATHWIG, Respondent, IBM Mid-America Credit Union, a corporation under the laws of the State of Minnesota, Respondent, City of Rochester, Defendant.

Court of Appeals of Minnesota.

June 4, 1996.


Attorney(s) appearing for the Case

Kenneth R. Moen, Dunlap & Seeger, P.A., Rochester, for Appellant.

Paul M. Ohly, Ohly Law Office, Rochester, for Respondent Mathwig.

Daniel J. Heuel, Muir, Heuel, Carlson & Spelhaug, P.A., Rochester, for Respondent IBM.

Considered and decided by KLAPHAKE, P.J., and RANDALL and FOLEY, JJ.


OPINION

KLAPHAKE, Judge.

Lake George Park, L.L.C., appeals a grant of summary judgment denying its claim of an implied easement over respondent IBM Mid-America Credit Union's property. Because this record does not support finding a severance of title in 1976, we reverse and remand.

FACTS

There is presently no legal access to the property owned by Lake George Park, L.L.C. (LGP property)...

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