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City of Fifty Lakes Wins Trespass/Ejectment Trial

February 20, 2013

Plaintiffs, a number of area landowners, filed a lawsuit against the City of Fifty Lakes in May 2005 because North Mitchell Lake Road, which was mistakenly built partially off of the platted right-of-way in 1971, encroached upon their registered Torrens property.  The City prevailed twice before in Crow Wing County District Court, but the Minnesota Court of Appeals and the Minnesota Supreme Court remanded the matter for trial.

In August 2012, a trial on the merits was held and the City prevailed once again.  The district court held the construction of the gravel road was a permanent trespass not a continuing trespass for which the six-year statute of limitations had long-since expired.  The district court also held the doctrine of laches barred plaintiffs’ claims for ejectment against the City.  The City of Fifty Lakes was represented by Paul D. Reuvers and Susan M. Tindal.

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