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KASTNER v. STAR TRAILS ASS'N

Nos. C5-01-1157, C4-01-1165.

658 N.W.2d 890 (2003)

Andrew Scott KASTNER, Respondent, Eric Nelson, Respondent, v. STAR TRAILS ASSOCIATION, A Minnesota Not for Profit Association, petitioner, Appellant.

Court of Appeals of Minnesota.

April 8, 2003.

Attorney(s) appearing for the Case

Sharon L. Van Dyck, Schwebel, Goetz & Sieben, Minneapolis, MN, for respondent Andrew Scott Kastner.

Alan R. Nettles, Alan R. Nettles & Associates, P.A., Minneapolis, MN, for respondent Eric Nelson.

Paul Robert Smith, Abrams & Smith, P.A., Minneapolis, MN, for appellant.

Considered and decided by TOUSSAINT, Chief Judge, LANSING, Judge, and HUSPENI, Judge.

OPINION

TOUSSAINT, Chief Judge.

These consolidated cases arise out of two snowmobile accidents on a trail created, maintained, and groomed by the not-for-profit appellant Star Trails Association. Appellant moved for summary judgment based on immunity, and the district court denied the motion. Because appellant is entitled to immunity under (a) the exception to municipal liability for recreation areas, Minn.Stat...

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