Lake Mille Lacs Investment, Inc. v. Payne

OPINION

POPOVICH, Chief Judge.

This appeal is from a judgment entered against appellant Lake Mille Lacs Investment, Inc. and an order denying its post-trial motions. Appellant’s action for damages for trespass and for injunctive relief was consolidated with a declaratory judgment action brought against it by respondents Francis and Patricia Branch. We reverse and remand.

FACTS

Port Mille Lacs is a subdivision located on the shore of Lake Mille Lacs, developed in the 1960’s by Bohmer-Herberger Development. Most of the lots in the development are not lakeshore property. Respondents are owners of…