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BOLDT v. ROTH

No. C4-99-953.

618 N.W.2d 393 (2000)

Dorothy C. BOLDT, petitioner, Appellant, v. Kenneth W. ROTH, et al., Respondents.

Supreme Court of Minnesota.

November 2, 2000.

Attorney(s) appearing for the Case

Clinton McLagan, McLagan Lerman, P.A., Mendota Heights, for appellant.

Charles E. Barnum, Crosby, for respondents.

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

OPINION

PAUL H. ANDERSON, Justice.

Dorothy Boldt brought an action against Kenneth and Mary Roth in Crow Wing County District Court for a prescriptive easement to use part of the circular driveway that had provided access to her home for over 20 years. The court denied Boldt's prescriptive easement claim, concluding that she had not proved that her use of the driveway on the Roths' property was hostile. The court found that due to the familial relationship...

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