Kennedy v. Pepin Township of Wabasha County

OPINION

STONEBURNER, Judge.

Appellant challenges respondent township’s selection of a route for a cartway granted under Minn.Stat. § 164.08, subd. 2(a) (2008), that does not provide public-road access to the useable portion of his land, which was designated in his petition as the desired terminus of the cartway. Appellant argues that the township’s action was arbitrary, capricious, and based on an erroneous theory of law.

FACTS

Appellant John Kennedy owns 26.6 acres of landlocked property in Wabasha County consisting of bluffs with a useable, level area of approximately five acres at the top. The…