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BOLEN v. GLASS

Nos. A06-1422, A06-1440.

737 N.W.2d 856 (2007)

Michael BOLEN, et al., Respondents, v. Todd GLASS, Appellant (A06-1422). Michael Bolen, et al., Respondents, v. Todd Glass, Defendant, City of Duluth, Appellant (A06-1440).

Court of Appeals of Minnesota.

September 4, 2007.

Attorney(s) appearing for the Case

Stephanie A. Ball, Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, MN, for respondents Michael Bolen et al.

Bradley J. Gunn, Malkerson, Gilliland & Martin, LLP, Minneapolis, MN, for appellant Todd Glass.

M. Alison Lutterman, Deputy City Attorney, Duluth, MN, for appellant City of Duluth.

Considered and decided by WILLIS, Presiding Judge; RANDALL, Judge; and ROSS, Judge.

OPINION

ROSS, Judge.

These consolidated appeals involve a dispute over a landowner's right to construct a private driveway on adjacent property dedicated in 1902 to become a public street. The City of Duluth granted Todd Glass a permit to install a driveway on the dedicated, but never-established, "street." Michael and Deborah Bolen hold the fee to part of the property that constitutes the would-be street. They contend that Glass lacks the right to construct...

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