Legal Opinion

Hersh Properties, LLC v. McDonald's Corp.

Supreme Court of Minnesota

Decided February 4, 1999No. C9-97-992PublishedCited by 22 opinions

1Opinion of the Court

OPINION

PAUL H. ANDERSON, Justice.

In 1950, the predecessor in title to a Torrens parcel of real property, now occupied by Dinkytown Wine & Spirits, reserved an appurtenant easement for ingress and egress and signage over an abutting Torrens parcel of real property. The abutting Torrens parcel is currently occupied by a McDonald’s restaurant. Certificates of title to both parcels contain a recital of the easement. Today, almost a half-century after its creation, there is no evidence that this easement has ever been utilized, and the area encompassing the easement is being used by McDonald’s as…

2Cases cited10 opinions

  1. Hibbing Education Ass'n v. Public Employment Relations BoardSupreme Court of Minnesota · 1985
  2. Tuma v. Commissioner of Economic SecuritySupreme Court of Minnesota · 1986
  3. Wichelman v. MessnerSupreme Court of Minnesota · 1957
  4. In Re Application of JuranSupreme Court of Minnesota · 1929
  5. Peters v. City of DuluthSupreme Court of Minnesota · 1912

5 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Hebert v. City of Fifty LakesSupreme Court of Minnesota · 2008
  2. In Re CollierSupreme Court of Minnesota · 2007
  3. State of Minnesota v. David Muniz BustosSupreme Court of Minnesota · 2015
  4. Mattson Ridge, LLC v. Clear Rock Title, LLPSupreme Court of Minnesota · 2012
  5. State Ex Rel. Department of Natural Resources v. HessSupreme Court of Minnesota · 2004

17 more not listed; retrieve them via the Exa API.

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