STATE EX REL. DEPT. OF NATURAL RES. v. HESS

No. C4-02-2049.

665 N.W.2d 560 (2003)

STATE of Minnesota, through its DEPARTMENT OF NATURAL RESOURCES, Respondent, v. Duwayne HESS, et al., Appellants, The First National Bank of Bemidji, Defendant.

Court of Appeals of Minnesota.

July 29, 2003.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General Dulcie Brand, Assistant Attorney General, St. Paul, MN, for respondent.

Jerry O. Relph, St. Cloud, MN, for appellants.

Considered and decided by WILLIS, Presiding Judge, FORSBERG, Judge, and HUSPENI, Judge.


OPINION

HUSPENI, Judge.*

On appeal from summary judgment in this quiet-title action, appellant landowners argue that (1) the district court ignored limiting language in an 1898 deed and misread the deed to convey a fee simple determinable rather than an easement to a prior interest holder; and (2) respondent state took no rights in the property because the easement was abandoned by the time of the transfer to the state. Because...

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