Horton v. Township of Helen

OPINION

STONEBURNER, Judge

Appellant Rodney Horton appeals from summary judgment granted to respondent Township of Helen on his petition for a ■writ of mandamus to compel the township to establish a cartway pursuant to Minn. Stat. § 164.08, subd. 2 (2000). The township’s motion was based on the merits and on the assertion that the district court lacked subject-matter jurisdiction because Horton should have appealed directly to this court. The district court had jurisdiction, and because the township’s denial of the petition was not clearly against the evidence, based on an erroneous theory of…