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IN RE DANIEL FOR ESTABLISHMENT OF CARTWAY

No. CX-01-1820.

644 N.W.2d 495 (2002)

In the Matter of Thomas DANIEL FOR The ESTABLISHMENT OF CARTWAY.

Court of Appeals of Minnesota.

May 28, 2002.

Attorney(s) appearing for the Case

James R. Cope, Andrew R. Peterson, Virginia, MN, for appellant Donald Schoch.

Alan L. Mitchell, St. Louis County Attorney, Timothy O. Lee, Assistant County Attorney, Duluth, MN, for respondent St. Louis County.

Considered and decided by SHUMAKER, Presiding Judge, KALITOWSKI, Judge, and WILLIS, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

Appellant challenges the district court's grant of summary judgment affirming the St. Louis County Board of Commissioners' decision to grant Daniel's petition for a cartway over appellant's land. Appellant argues that lake-only access is sufficient access within the meaning of Minn.Stat. § 164.08, subd. 2(a) (2000), and Daniel's petition for a cartway should have been denied. Because lake-only access is not sufficient...

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