Home/Supreme Court of Minnesota/Bryant v. Gustafson

Bryant v. Gustafson

40 N.W.2d 427, 230 Minn. 1, 1950 Minn. LEXIS 577
CourtSupreme Court of Minnesota
DecidedJanuary 6, 1950
Docket34,775
StatusPublished
Cited by18 cases

This text of 40 N.W.2d 427 (Bryant v. Gustafson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryant v. Gustafson, 40 N.W.2d 427, 230 Minn. 1, 1950 Minn. LEXIS 577 (Mich. 1950).

Opinion

Matson, Justice.

Appeal from a judgment permanently enjoining defendants— and all persons acting under them — from preventing plaintiffs and any other lot owners, inclusive of their families and guests, from using the entire length and width of a strip of land or roadway designated as Maple Lane.

In 1908, the Minnetonka Realty Company, a corporation, as the fee owner of an island caused the same to be surveyed and platted into 42 lots as “Shady Island, Lake Minnetonka, Hennepin County, Minnesota,” in full compliance with the requirements of M. S. A. c. 505. The instrument of dedication annexed to the plat expressly stated that the owner—

“donates and dedicates to the public use forever Shady Island Road, and to the use of lot owners of said ‘Shady Island * * forever, Maple Lame, Oak Lane, and Cedar Lane as thereon shown.”

The location of the disputed roadway known as Maple Lane, as well as the location of the lots owned by the respective parties, is shown on a portion of the plat, here reproduced.

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Bluebook (online)
40 N.W.2d 427, 230 Minn. 1, 1950 Minn. LEXIS 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-gustafson-minn-1950.