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STEWART v. KOENIG

No. A08-1209.

767 N.W.2d 497 (2009)

Patrick Brian STEWART, Appellant, v. Christopher Michael KOENIG, et al., Respondents.

Court of Appeals of Minnesota.

June 30, 2009.

Attorney(s) appearing for the Case

Peter C. Sandberg, Sandberg & Sandberg, Rochester, MN, for appellant.

Angela C. Shackleford, LaBore, Giuliani, Cosgriff & Viltoft, Ltd., Hopkins, MN, for respondents.

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

OPINION

BJORKMAN, Judge.

This case presents the question whether a driver operating a motor vehicle on a private driveway that crosses a state recreational trail is a "trail user" within the meaning of the rules governing state recreational trails. The district court determined that the trail rules do not apply, declined to instruct the jury in accord with the rules, and denied appellant's motion for a new trial. We conclude that the trail rules do apply...

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