Hewitt v. City of Montrose

OPINION

LANSING, Judge.

In an action for personal injuries sustained by a pedestrian who tripped and fell on a sidewalk, the district court ruled that the county’s state-aid highway easement did not shift responsibility for maintaining sidewalks from the city to the county. We affirm the summary judgment dismissing the county from the action.

FACTS

In 1957 the state granted Wright County a 66' easement to construct a county state-aid highway over land located within the City of Montrose. The easement includes a 44' roadway and 11' of land on each side of the road. In August 1988 a pedestrian…