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SAMPAIR v. VILLAGE OF BIRCHWOOD

Nos. A08-1494, A08-1505.

784 N.W.2d 65 (2010)

In the Matter of the Application of Anthony E. SAMPAIR and Laurie K. Sampair to register the title to the following described real estate situated in Washington County, Minnesota, namely: Lots 1 and 2, Block 1, Lakewood Park Third Division, applicants, Respondents, v. VILLAGE OF BIRCHWOOD, et al., Defendants, Jeffrey Lutz, et al., Appellants (A08-1494), Josephine Berg Simes, et al., Appellants (A08-1505).

Supreme Court of Minnesota.

July 8, 2010.

Attorney(s) appearing for the Case

Mark E. Greene, Sarah L. Krans, Bernick, Lifson, Greenstein, Greene & Liszt P.A., Minneapolis, MN, for respondents.

Wayne B. Holstad, St. Paul, MN, for appellants Jeffrey Lutz, et al.; Frederic W. Knaak, Jessica A. Johnson, Greg T. Kryzer, Knaak & Kryzer, P.A., Vadnais Heights, MN, for appellants Josephine Berg Simes, et al.

Cameron R. Kelly, Kevin S. Sandstrom, Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P., Stillwater, MN, for amicus curiae City of Birchwood Village.

OPINION

GILDEA, Chief Justice.

This appeal involves the application of Minn.Stat. § 541.023 (2008), also known as the Marketable Title Act (MTA), to a number of easements which have been of record over 40 years. The issue before us is whether the conclusive presumption of abandonment in the MTA operates to extinguish appellants' interests in the easements, or whether appellants fall under the MTA's exception for parties in possession of real estate...

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