On June 5, 2009, the City of Fifty Lakes received a favorable decision from the Ninth Judicial District. The district court found a disputed gravel roadway was a public road under the dedication statute, Minn. Stat. § 160.05. The court held the user statute is applicable to Torrens property. This case arises from the construction of a gravel roadway that partially intrudes on Plaintiffs’ Torrens property. The landowners filed this action in 2005, seeking a declaratory judgment that they owned the property over which the road encroaches. They also sought equitable relief in the form of ejectment and damages for trespass. In 2005, the dsitrict court dismissed the complaint on the grounds that the City acquired the property by de facto taking when the road was constructed and that the landowners’ claims were time-barred. The court of appeals reversed and remanded in an unpublished decision. Herbert v. City of Fifty Lakes, No. A06-215, 2007 (Feb. 27, 2007). The Minnesota Supreme Court affirmed the court of appeals decision in Herbert v. City of Fifty Lakes, 744 N.W.2d 266 (Minn. 2008). Paul Reuvers and Susan Tindal represented the City of Fifty Lakes.