HORTON v. TOWNSHIP OF HELEN

No. C4-00-1480.

624 N.W.2d 591 (2001)

Rodney C. HORTON, Appellant, v. TOWNSHIP OF HELEN, McLEOD COUNTY MINNESOTA, Respondent.

Court of Appeals of Minnesota.

April 3, 2001.


Attorney(s) appearing for the Case

Francis J. Eggert, Winsted, MN, (for appellant).

Peter B. Tiede, Nancy A. Proffitt, Murnane, Conlin, White & Brandt, P.A., St. Paul, MN, (for respondent).

Considered and decided by TOUSSAINT, Chief Judge, STONEBURNER, Judge, and PORITSKY, Judge.


OPINION

STONEBURNER, Judge

Appellant Rodney Horton appeals from summary judgment granted to respondent Township of Helen on his petition for a writ of mandamus to compel the township to establish a cartway pursuant to Minn. Stat. § 164.08, subd. 2 (2000). The township's motion was based on the merits and on the assertion that the district court lacked subject-matter jurisdiction because Horton should have appealed directly to this court. The district...

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