LARSON v. STATE

No. A09-495.

776 N.W.2d 727 (2009)

Dennis LARSON, Appellant, v. STATE of Minnesota, Respondent, County of Douglas, Minnesota, Respondent.

Court of Appeals of Minnesota.

December 22, 2009.


Attorney(s) appearing for the Case

Amy J. Doll, Fluegel, Helseth, McLaughlin, Anderson & Brutlag, Chtd., Morris, MN, for appellant.

Lori Swanson, Attorney General, Jeffery S. Thompson, Assistant Attorney General, St. Paul, MN, for respondent State of Minnesota.

Paul D. Reuvers, Jason J. Kuboushek, Iverson Reuvers, Bloomington, MN, for respondent County of Douglas.

Considered and decided by KLAPHAKE, Presiding Judge; HALBROOKS, Judge; and BJORKMAN, Judge.


OPINION

BJORKMAN, Judge.

In this appeal from summary judgment, appellant argues that the district court erred in failing to discharge part of a condemnation easement under Minn.Stat. § 117.225 on the ground that the easement was no longer being used for highway purposes. Because Minn.Stat. § 117.225 does not permit discharge of a portion of an easement, we affirm.

FACTS

In 1956, respondent State of Minnesota, Department of Transportation...

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