MINNESOTA CENT. R. CO. v. MCI

Nos. C7-98-2136, C9-99-43.

595 N.W.2d 533 (1999)

MINNESOTA CENTRAL RAILROAD CO., Plaintiff (C7-98-2136), Appellant (C9-99-43), Minnesota Valley Regional Rail Authority, Appellant (C7-98-2136), Plaintiff (C9-99-43), v. MCI TELECOMMUNICATIONS CORPORATION, Respondent.

Court of Appeals of Minnesota.

June 29, 1999.


Attorney(s) appearing for the Case

Thomas A. Jones, Michael Ferro, Ferro & Jones, P.A., Willmar, for appellant Minnesota Central Railroad Company.

Ruth Ann Webster, Michael S. Dove, Richard F. Prim, Gislason, Dosland, Hunter, & Malecki, P.L.L.P., New Ulm, for appellant Minnesota Valley Regional Rail Authority.

Gregory R. Merz, Kathryn J. Bergstrom, Scott N. Ihrig, Gray, Plant, Mooty, Mooty, & Bennett, P.A., Minneapolis, for respondent.

Considered and decided by SHUMAKER, Presiding Judge, RANDALL, Judge, and HARTEN, Judge.


OPINION

RANDALL, Judge.

Appellants argue the district court erred when it granted respondent summary judgment and ruled that appellants' interest in a railroad right-of-way was subject to respondent's easement. Appellants contend the easement is invalid because written consent to the sale of the easement was not obtained by respondents as required by a properly recorded consent-to-transfer clause and respondent had constructive notice that such consent was...

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