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BOLEN v. GLASS

Nos. A06-1422, A06-1440.

755 N.W.2d 1 (2008)

Michael BOLEN, et al., Respondents, v. Todd GLASS, Appellant, City of Duluth, Respondent.

Supreme Court of Minnesota.

August 14, 2008.

Attorney(s) appearing for the Case

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

Stephanie Ann Ball, Fryberger, Buchanan, Smith & Frederick, Duluth, MN, for respondent.

M. Alison Lutterman, Deputy City Attorney, Duluth, MN, for respondent.

OPINION

ANDERSON, G. BARRY, Justice.

Appellant Todd Glass, pursuant to a permit issued by the City of Duluth, added gravel to a platted but undeveloped street adjoining his property. The gravel extended onto parts of the street where his neighbors, respondents Michael and Deborah Bolen and Joseph Zajac, own the underlying fee. The Bolens brought an action against Glass, alleging trespass and seeking declaratory and injunctive relief. The district court added...

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