Legal Opinion

Roemer v. Board of Supervisors of Elysian Twp.

Supreme Court of Minnesota

Decided April 25, 1969No. 41914PublishedCited by 2 opinions

1Opinion of the Court

Otis, Justice.

These proceedings were initiated by plaintiff property owner to secure from defendant township the establishment of a cartway giving plaintiff access to a public road. The petition was denied by the township. On appeal, the district court reversed the order of the township and directed the establishment and construction of the cartway which plaintiff requested. The township appeals from that judgment.

The issue is whether Minn. St. 164.08, subd. 2, is applicable where the owner of land “who has no access thereto except over the lands of others” is entitled to a way of necessity…

2Cases cited4 opinions

  1. State Ex Rel. Rose v. Town of GreenwoodSupreme Court of Minnesota · 1945
  2. MacKie v. United StatesDistrict Court, D. Minnesota · 1961
  3. Pine Tree Lumber Co. v. McKinleySupreme Court of Minnesota · 1901
  4. Kroyer v. Board of SupervisorsSupreme Court of Minnesota · 1938

3Cited by2 opinions

  1. In Re Daniel for the Establishment of CartwayCourt of Appeals of Minnesota · 2002
  2. Christopherson v. Fillmore TownshipCourt of Appeals of Minnesota · 1998

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