City of Zumbrota v. Strafford Western Emigration Co.

PETERSON, Justice.

Plaintiff, City of Zumbrota, appeals from an order of the trial court finding plaintiff not entitled to a determination that it is the owner of certain real property in fee simple absolute without restraint of full powers of alienation and enjoining plaintiff from selling the property or terminating or otherwise interfering with its use as a public square.

The real property that is the subject of this action is designated a public square on a plat of the Town of Zumbrota filed in 1856 by the Strafford Western Emigration Company. The plat contains the following language:

We the…