Castor v. City of Minneapolis

I respectfully dissent. Under the law of this state and the facts of this case I find the public skyway above the public alley to be a proper street use which creates no additional servitude upon petitioners’ implied easements for light, air and view. A taking can be found only where an additional servitude is placed upon this implied easement by an improper street use. Haeussler v. Braun, 314 N.W.2d 4, 8 (Minn.1981).

While the implied easements for light, air and view are a limited interest in property, possessed by the abutting landowners, they are, as the city notes, subservient to the…