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J & W ASPHALT, INC. v. BELLE PLAINE TP.

No. A16-0016.

883 N.W.2d 827 (2016)

J & W ASPHALT, INC., Respondent, v. BELLE PLAINE TOWNSHIP, Appellant, State of Minnesota, Department of Transportation, Respondent.

Court of Appeals of Minnesota.

August 1, 2016.

Attorney(s) appearing for the Case

Gary A. VanCleve , Timothy A. Rye , Larkin, Hoffman, Daly & Lindgren, Ltd., Minneapolis, MN, for respondent J & W Asphalt.

Paul D. Reuvers , Nathan C. Midolo , Iverson Reuvers Condon, Bloomington, MN, for appellant.

Lori Swanson , Attorney General, Stephen D. Melchionne , Assistant Attorney General, St. Paul, MN, for respondent Department of Transportation.

Considered and decided by REYES, Presiding Judge; SCHELLHAS, Judge; and BRATVOLD, Judge.

OPINION

Appellant argues that Minn.Stat. § 161.16, subd. 4(b), contains an implicit acceptance requirement, and because it did not accept the conveyance of Hanlon Drive from respondent, the conveyance was not effective. Appellant further argues that Hanlon Drive is a cartway, and the private landowners whose property...

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