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LAFAYETTE LAND CO. v. VILLAGE OF TONKA BAY

No. 44877.

234 N.W.2d 804 (1975)

LAFAYETTE LAND COMPANY, Appellant, v. VILLAGE OF TONKA BAY, Respondent.

Supreme Court of Minnesota.

October 10, 1975.

Attorney(s) appearing for the Case

Carlsen, Greiner & Law and Jack D. Elmquist, Minneapolis, for appellant.

Kelly & Larson and Gary R. Larson, Excelsior, for respondent.

Heard before OTIS, ROGOSHESKE and SCOTT, JJ., and considered and decided by the court en banc.

OTIS, Justice.

Petitioner seeks to compel the village of Tonka Bay to open a portion of a dedicated road which abuts petitioner's property in order to provide it access to an existing highway. The district court denied relief and we affirm.

A right-of-way of the Interurban Railway in the village of Tonka Bay was deeded to the village in 1956 by its former owners, Simon and Lilah Wirtz. By the terms of the deed the...

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