Thom v. Rasmussen

Plaintiffs appeal as of right from a judgment and order entered on June 1, 1983, denying their request for a permanent injunction to prohibit defendant from erecting a dock at the water’s edge of a six-foot alley on Devils Lake.

The parties all own waterfront lots on Devils Lake, plaintiff Myer for four or five years, plaintiff Thom for more than 25 years and defendant for over 18 years. Defendant began acquiring back lots in 1970 and now owns four. Between Thom’s and Myer’s lots is the six-foot alleyway, dedicated to the use of the public when Finch Point was platted in June of 1927.…