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KENNEDY v. PEPIN TP. OF WABASHA COUNTY

No. A08-1921.

767 N.W.2d 30 (2009)

John KENNEDY, Appellant, v. PEPIN TOWNSHIP OF WABASHA COUNTY, Respondent.

Court of Appeals of Minnesota.

June 23, 2009.

Attorney(s) appearing for the Case

Peter D. Ekstrand, Ekstrand Law Office, PLC, Wabasha, MN, for appellant.

Mary D. Tietjen, Troy J. Gilchrist, Kennedy & Graven, Chtd., Minneapolis, MN, for respondent.

Considered and decided by STAUBER, Presiding Judge; STONEBURNER, Judge; and BJORKMAN, Judge.

OPINION

STONEBURNER, Judge.

Appellant challenges respondent township's selection of a route for a cartway granted under Minn.Stat. § 164.08, subd. 2(a) (2008), that does not provide public-road access to the useable portion of his land, which was designated in his petition as the desired terminus of the cartway. Appellant argues that the township's action was arbitrary, capricious, and based on an erroneous theory of law.

FACTS

Appellant...

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