In Re Daniel

OPINION

GILBERT, Justice.

This case presents the issue of whether a property owner who has access to his lake cabin property via a navigable waterway can invoke Minn.Stat. § 164.08, subd. 2(a) (2002), to establish a cartway over the lands of others. Thomas Daniel, owner of a parcel of land bordering Lake Vermillion in an unorganized territory, petitioned the St. Louis County Board of Commissioners requesting that a cartway be established over the adjoining land of Donald Schoch. The board of commissioners, acting as a town board pursuant to Minn.Stat. § 164.08, subd. 2(a) and (b), held a…