Legal Opinion

Hebert v. City of Fifty Lakes

Supreme Court of Minnesota

Decided January 17, 2008No. A06-215PublishedCited by 41 opinions

1Opinion of the Court

OPINION

GILDEA, Justice.

This case arises from the construction of a gravel roadway that partially intrudes on respondent landowners’ Torrens property. The landowners filed this action in 2005, seeking a declaratory judgment that they owned the property over which the road encroaches and that the City “has no right, title or interest in any portion” of the property. They also sought equitable relief in the form of ejectment and damages for trespass. Appellant City of Fifty Lakes brought a motion to dismiss the complaint for failure to state a claim. The district court dismissed the complaint on…

2Cases cited31 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Thiele v. StichSupreme Court of Minnesota · 1988
  3. Dominic Eyherabide, Jean M. Eyherabide, Raymond Castanchoa and Marie Castanchoa v. The United StatesUnited States Court of Claims · 1965
  4. Anspach v. City of Philadelphia, Department of Public HealthCourt of Appeals for the Third Circuit · 2007
  5. Northern States Power Co. v. FranklinSupreme Court of Minnesota · 1963

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

3Cited by41 opinions

  1. Laura L. Walsh v. U.S. Bank, N.A.Supreme Court of Minnesota · 2014
  2. Bahr v. CAPELLA UNIVERSITYSupreme Court of Minnesota · 2010
  3. Graphic Communications Local 1B Health & Welfare Fund "A" v. CVS Caremark Corp.Supreme Court of Minnesota · 2014
  4. Finn v. Alliance BankSupreme Court of Minnesota · 2015
  5. Zinter v. University of MinnesotaCourt of Appeals of Minnesota · 2011

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

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