SPECIAL TERM OPINION
TOUSSAINT, Chief Judge.
FACTS
Respondent Helmut J. Ullrich petitioned appellant Newburg Township Board for the establishment of a cartway under Minn.Stat. § 164.08 (2000). On December 1, 2001, appellant denied respondent's petition to establish a cartway to his property. Respondent challenged the denial of the petition in a mandamus proceeding in district court. See Horton v. Township of Helen,
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