In the MATTER OF the Application of Timothy D. MORATZKA, TRUSTEE OF the NANCY L. MAYEN RESIDUAL TRUST.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
Filed: March 29, 2023.
Filed: March 29, 2023.
Attorney(s) appearing for the Case
Keith Ellison , Attorney General, Peter J. Farrell , Assistant Attorney General, Saint Paul, Minnesota, for appellant Minnesota Department of Natural Resources.
Matti R. Adam , Itasca County Attorney, Michael J. Haig , Chief Assistant County Attorney, Grand Rapids, Minnesota; and Kenneth H. Bayliss , Quinlivan & Hughes, P.A., Saint Cloud, Minnesota, for appellant Itasca County.
Jay T. Squires , Rupp, Anderson, Squires, Waldspurger & Mace, P.A., Minneapolis, Minnesota, for amici curiae Association of Minnesota Counties, Minnesota County Engineers Association, and Minnesota Association of County Surveyors.
Howard A. Roston , Devin T. Driscoll , Fredrikson & Byron, P.A., Minneapolis, Minnesota, for amicus curiae Minnesota Society of Professional Surveyors.
This case concerns whether the Marketable Title Act (MTA), Minn. Stat. § 541.023 (2022), extinguished the public's interest in an undeveloped road dedicated to public use by plat over 100 years ago. Respondent Timothy D. Moratzka, trustee of the Nancy L. Mayen Residual Trust, initiated a Torrens proceeding...
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