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HEBERT v. CITY OF FIFTY LAKES

No. A06-215.

744 N.W.2d 226 (2008)

John Wesley HEBERT, et al., Respondents, v. CITY OF FIFTY LAKES, Appellant.

Supreme Court of Minnesota.

January 17, 2008.

Attorney(s) appearing for the Case

Paul Donald Reuvers, Iverson Reuvers, LLC, for Appellant.

Scott Marshall Lucas, Thomas B. Olson & Associates, P.A., Edina, MN, for Respondents.

Susan Lynn Naughton, St. Paul, MN, for League of Minnesota Cities Amicus.

Thomas H. Boyd, Minneapolis, MN, for Builders Association Minnesota Amicus.

Jon William Morphew, Schnitker & Associates, P.A., Spring Lake Park, MN, for Eminent Domain Institute Amicus.

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

OPINION

GILDEA, Justice.

This case arises from the construction of a gravel roadway that partially intrudes on respondent landowners' Torrens property. The landowners filed this action in 2005, seeking a declaratory judgment that they owned the property over which the road encroaches and that the City "has no right, title or interest in any portion" of the property. They also sought equitable relief in the form of ejectment and damages for trespass. Appellant...

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