§ 164.35

Alton v. Wabedo Township · 1994 8 citations

Respondent Howard R. Alton, Jr. initiated this action to prevent appellant, Wabedo Township (township), from clearing brush and trees for eight feet back from the surface of a road adjacent to his property. The district court granted Alton summary judgment and issued a permanent injunction preventing the township from clearing the brush and-trees. The court concluded that the method for recording town roads in Minn. Stat. § 164.35, subd. 4 (1992) is unconstitutional since it was a taking without compensation. We affirm.

Respondent Howard R. Alton, Jr. initiated this action to prevent appellant, Wabedo Township (township), from clearing brush and trees for eight feet back from the surface of a road adjacent to his property. The district court granted Alton summary judgment and issued a permanent injunction preventing the township from clearing the brush and-trees. The court concluded that the method for recording town roads in Minn. Stat. § 164.35, subd. 4 (1992) is unconstitutional since it was a taking without compensation. We affirm.

Respondent Howard R. Alton, Jr. initiated this action to prevent appellant, Wabedo Township (township), from clearing brush and trees for eight feet back from the surface of a road adjacent to his property. The district court granted Alton summary judgment and issued a permanent injunction preventing the township from clearing the brush and-trees. The court concluded that the method for recording town roads in Minn. Stat. § 164.35, subd. 4 (1992) is unconstitutional since it was a taking without compensation. We affirm.

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