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HERSH PROPERTIES, LLC v. MCDONALD'S CORP.

No. C9-97-992.

588 N.W.2d 728 (1999)

HERSH PROPERTIES, LLC, petitioner, Appellant, v. McDONALD'S CORPORATION, et al., Respondents.

Supreme Court of Minnesota.

February 4, 1999.

Attorney(s) appearing for the Case

Fabyanske, Westra & Hart, P.A., Gary C. Eidson, Jocelyn L. Knoll, Minneapolis, for appellant.

Winthrop & Weinstine, P.A., Eric J. Nystrom, Philip R. Mahowald, St. Paul, for respondents.

Leonard, Street and Deinard, Joseph M. Finley, Bradly J. Gunn, Minneapolis, for amicus curiae Minnesota Land Title Association.

Heard, considered, and decided by the court en banc.

OPINION

PAUL H. ANDERSON, Justice.

In 1950, the predecessor in title to a Torrens parcel of real property, now occupied by Dinkytown Wine & Spirits, reserved an appurtenant easement for ingress and egress and signage over an abutting Torrens parcel of real property. The abutting Torrens parcel is currently occupied by a McDonald's restaurant. Certificates of title to both parcels contain a recital of the easement. Today, almost a half-century after its...

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