Heuer v. County of Aitkin

OPINION

HUSPENI, Judge. *

On appeal from summary judgment involving an attempt to establish a prescriptive easement over what are now public lands, appellants allege that (a) the district court erred in applying the statute of limitations in Minn.Stat. § 541.01 (2000) because the statute does not apply to prescriptive easements; (b) even if the statute does apply to such easements, the county did not become the owner of the land in question until after the prescriptive easement had already been established; and (c) equity precludes application of the statute in this case. During the pendency of…