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IN RE DANIEL

No. CX-01-1820.

656 N.W.2d 543 (2003)

In the Matter of Thomas DANIEL for the Establishment of a Cartway.

Supreme Court of Minnesota.

February 20, 2003.

Attorney(s) appearing for the Case

James R. Cope (# 187677), Andrew R. Peterson (# 312599), Virginia, MN, for Appellant.

Alan L. Mitchell, St. Louis County Attorney, Timothy O. Lee (# 61803), Assistant County Attorney, Duluth, MN, for Respondent.

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

OPINION

GILBERT, Justice.

This case presents the issue of whether a property owner who has access to his lake cabin property via a navigable waterway can invoke Minn.Stat. § 164.08, subd. 2(a) (2002), to establish a cartway over the lands of others. Thomas Daniel, owner of a parcel of land bordering Lake Vermillion in an unorganized territory, petitioned the St. Louis County Board of Commissioners requesting that a cartway be established over the adjoining...

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