Castor v. City of Minneapolis

415 N.W.2d 739
CourtCourt of Appeals of Minnesota
DecidedFebruary 12, 1988
DocketC3-87-1036
StatusPublished
Cited by2 cases

This text of 415 N.W.2d 739 (Castor v. City of Minneapolis) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Castor v. City of Minneapolis, 415 N.W.2d 739 (Mich. Ct. App. 1988).

Opinions

OPINION

FOLEY, Judge.

Appellants John E. Castor, Austin D. Ditzler, Jerome Klukas, Richard S. Scherer, Al H. Michals and William J. Yaeger, Jr., owners of the Barrister’s Trust Building, brought an inverse condemnation action against respondent City of Minneapolis, seeking compensation for the taking of their implied easements of air, light and view. Finding the skyway was a proper street use, the trial court held any resulting damages were noncompensable. We affirm.

FACTS

The facts are not in dispute. The Barristers Trust Building is a two-story office building located at 247 Third Avenue South in Minneapolis. The northeast side of the building abuts a public alley which runs through the middle of the block from Third Avenue to Fourth Avenue. The alley is located adjacent to the entire length of the building.

Several years ago, respondent constructed a skyway above the alley to connect a municipal parking ramp and a bus layover facility with the downtown Minneapolis skyway system. The skyway, which is located alongside the Barristers Trust Building at the second-story level, is a permanent structure.

ISSUE

Did the trial court err by determining the skyway is a proper street use?

ANALYSIS

Upon review of an application for mandamus relief, the trial court’s decision will be reversed only if there is no evidence reasonably tending to sustain its finding. Tyo v. Ilse, 380 N.W.2d 895, 897 (Minn.Ct.App.1986).

Landowners who own property abutting a public street possess implied easements of light, air and view over the public street. Haeussler v. Braun, 314 N.W.2d 4 (Minn.1981). The same right ap[741]*741plies to landowners who own property abutting a public alley. State ex rel. Hunt v. City of Montevideo, 142 Minn. 157, 162, 171 N.W. 314, 316 (1919).

Recently, the supreme court considered whether sound barriers erected along Interstate 35W constituted a taking of a landowner’s implied easements of air, light and view. The Haeussler court reiterated what it had stated long ago, emphasizing the broad scope of public easements:

If there is any one fact established in the history of society and of the law itself, it is that the mode of exercising [the public] easement is expansive, developing and growing as civilization advances. In the most primitive state of society the concept of a highway was merely a footpath; in a slightly more advanced state it included the idea of a way for pack animals; and, next, a way for vehicles drawn by animals * * *. ⅜ * * the methods of using public highways expanded with the growth of civilization, until to-day our urban highways are devoted to a variety of uses not known in former times, and never dreamed of by the owners of the soil when the public easement was acquired. Hence it has become settled law that the easement is not limited to the particular methods of use in vogue when the easement was acquired, but includes all new and improved methods, the utility and general convenience of which may afterwards be discovered and developed in aid of the general purpose and for which highways are designed. And it is not material that these new and improved methods of use were not contemplated by the owner of the land when the easement was acquired, and are more onerous to him than those in use.

Id. at 7-8 (quoting Cater v. Northwestern Telephone Exchange Co., 60 Minn. 539, 543, 63 N.W. 111, 112 (1895)) (emphasis added).

Implied easements of air, light and view are limited by the public’s right to travel on the roadway. Haeussler, 314 N.W.2d at 7. Landowners are only entitled to the air, light and view not obstructed by a proper street use. Id. at 8.

The Minnesota Supreme Court has determined what constitutes a proper street use on a case-by-case basis. See id. (erection of sound barriers along an interstate highway held a proper street use); McCarthy v. City of Minneapolis, 203 Minn. 427, 281 N.W. 759 (1938) (construction of bridge for street railway car service held a proper street use); Cater v. Northwestern Telephone Exchange Co., 60 Minn. 539, 63 N.W. 111 (1895) (placing telephone poles at 170 foot intervals in rural area held a proper street use); Willis v. City of Winona, 59 Minn. 27, 60 N.W. 814 (1894) (construction of bridge approach which radically increased street grade held a proper street use); Adams v. Chicago, Burlington & Northern Railway, 39 Minn. 286, 39 N.W. 629 (1888) (commercial railroad which did not benefit the general public was held an improper street use); Carli v. Stillwater Railway & Transfer Co., 28 Minn. 373, 10 N.W. 205 (1881) (construction and use of a railroad not for public use held not a proper street use). Where the use is not a proper street use, an additional servitude is placed upon the landowner’s easements and a taking should be fo.und. Haeussler, 314 N.W.2d at 11 (Wahl, J., dissenting).

Appellants argue the skyway is not located on the roadway and, therefore, is not a use of the street as a street but as a building. Appellants’ position would limit this court’s interpretation of a proper street use exclusively to public travel on a roadway. Such an interpretation is not consistent with the supreme court’s decision in Haeussler which states “it is not material that these new and improved methods of use were not contemplated by the owner of the land when the easement was acquired.” Haeussler, 314 N.W.2d at 8.

Appellants also contend alleys are different from streets. As support, appellants cite Flynn v. City of Worthington, 177 Minn. 28, 224 N.W. 254 (1929). There, the. Minnesota Supreme Court stated:

Alleys differ from streets. They are not intended to convenience the public in the [742]*742way streets do. They are more of local convenience to the parts of the block which they abut. They are not thought of as a street connecting with other streets and supplying the municipality with a system of such purposes. While the public travels it, its use is local to abutting property. A street is intended for general public use and the general public have in it an interest different from that which they have in an alley.

Id. at 29, 224 N.W. at 254-55.

We hold Flynn should be confined to its particular facts, which deal with the method of assessing abutting property owners. See also Hunt, 142 Minn. at 162, 171 N.W. at 316 (“alley laid out and established by public authority is a public highway, regardless of the number of citizens who may find an occasion to use it”); Carli, 28 Minn. at 376, 10 N.W. at 206 (“It can hardly be questioned that the primary and fundamental purpose of a public highway, street or alley is to accommodate the public travel.”) (emphasis added).

The unique fact situation presented by this case has not previously been addressed by the Minnesota courts. The City of Cincinnati has, however, confronted a similar situation. In State ex rel. Cincinnati Garage Co. v. Bird, 25 Ohio Misc. 69, 263 N.E.2d 330

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Related

Castor v. City of Minneapolis
429 N.W.2d 244 (Supreme Court of Minnesota, 1988)

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