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STATE v. HESS

No. C4-02-2049.

684 N.W.2d 414 (2004)

STATE of Minnesota, through its Department of Natural Resources, Appellant, v. Duwayne HESS, et al., Respondents, The First National Bank of Bemidji, Defendant.

Supreme Court of Minnesota.

July 29, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Minnesota Attorney General, Dulcie M. Brand, Assistant Attorney General, St. Paul, for Appellant.

Jerry O. Relph, St. Cloud, for Respondents.

B. Andrew Brown, Robin M. Wolpert, Dorsey & Whitney L.L.P., Minneapolis, Andrea C. Ferster, General Counsel, Washington, D.C.(of counsel), David C. Forsberg, Peter H. Seed, Briggs and Morgan, P.A., St. Paul, for Amici Curiae.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, PAUL H., Justice.

Appellant State of Minnesota, through its Department of Natural Resources (DNR), brought this quiet title action to determine ownership of a strip of land formerly used as a railroad corridor and currently used as part of the Paul Bunyan State Trail. Respondents Duwayne Hess, Brian M. Sandberg, and Amelia A. Sandberg claim ownership of parts of the old railroad corridor, which...

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