Sackett v. Storm

480 N.W.2d 377, 1992 Minn. App. LEXIS 60, 1992 WL 10635
CourtCourt of Appeals of Minnesota
DecidedJanuary 28, 1992
DocketC9-91-963
StatusPublished
Cited by2 cases

This text of 480 N.W.2d 377 (Sackett v. Storm) 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
Sackett v. Storm, 480 N.W.2d 377, 1992 Minn. App. LEXIS 60, 1992 WL 10635 (Mich. Ct. App. 1992).

Opinions

OPINION

KLAPHAKE, Judge.

Appellants John and Marion Storm challenge partial summary judgment granted to respondents. The trial court held that the Storms failed to establish a genuine issue of material fact as to the common law dedication as a public road of a private driveway on the Storm’s property. The trial court also held the Marketable Title Act, Minn.Stat. § 541.023 (1990), did not apply. We affirm.

FACTS

In 1981, appellants John and Marion Storm bought a lot on the western shore of Little Birch Lake from Henry Loxtercamp. The Storms’ cabin is connected to Todd County Road 19 by a gravel driveway or road. A “road” veers north from the driveway connecting to a platted roadway. Another “road” veers south. Respondents are lakeshore property owners to the north and south of the Storms’ lot, who travel the north and south “roads” to the driveway and then to County Road 19.

In October 1989, the Storms installed a gate with fence extensions at the driveway entrance from County Road 19 and another gate with fence extensions blocking the road to the north. Thereafter, respondents brought an action seeking to establish a prescriptive roadway and utility easement over the Storms’ property or, in the alternative, a determination of a common law dedication of the roadway in favor of the public, and finally, injunctive relief.

Respondents moved for partial summary judgment on the common law dedication issue. In support of this motion, they filed numerous affidavits substantiating the continuous use of the roadway by lake residents and the general public. The trial court held these undisputed affidavits established a common law dedication of the driveway by prior owners of the Storm lot. The Storms appeal.

ISSUES

1. Do material fact issues exist as to the intent to dedicate and public acceptance of the land?

2. Do material fact issues exist as to the applicability of the Marketable Title Act, Minn.Stat. § 541.023 (1990)?

ANALYSIS

Standard of Review

In reviewing a grant of summary judgment, this court must determine (1) whether genuine issues of material fact exist for trial and (2) whether the trial court erred in applying the law. Offerdahl v. University of Minnesota Hosps. and Clinics, 426 N.W.2d 425, 427 (Minn.1988). The evidence is viewed in the light most favorable to the party against whom summary judgment was granted. Grondahl v. Bulluck, 318 N.W.2d 240, 242 (Minn.1982). The trial court makes a threshold inquiry to determine whether genuine fact issues exist that might reasonably be resolved in favor of either party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). The nonmov-ing party must show more than a “metaphysical doubt” as to the material fact dispute. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). The nonmoving party may not rest on the pleadings, but must point to specific facts from which the fact finder might return a verdict in that party’s favor. Anderson, 477 U.S. at 256-57, 106 S.Ct. at 2514.

I.

To prove common law dedication, one must show the property owner’s express or implied intent to devote land to public use and the public’s acceptance of that use. Wojahn v. Johnson, 297 N.W.2d 298, 306-7 (Minn.1980). Ordinarily, whether the owner intended to dedicate the land and whether the public accepted the dedication are questions of fact. Keiter v. Berge, 219 Minn. 374, 380, 18 N.W.2d 35, 38 (1945).

[380]*380Once the public accepts the owner’s dedication, the common law dedication is immediately effective. Daugherty v. Sowers, 243 Minn. 572, 575, 68 N.W.2d 866, 868 (1955). Unlike statutory dedication, no specific “waiting” period is required. Wojahn, 297 N.W.2d at 306-07 n. 4. In addition, dedication is irrevocable after public acceptance unless the public consents to revocation. Keiter, 219 Minn, at 380, 18 N.W.2d at 38. Thus, an owner’s dedication binds his or h°r successors in interest. Daugherty, 243 Minn, at 575, 68 N.W.2d at 868-69.

Intent to Dedicate

An intent to dedicate need not be a conscious intent but may be inferred from the owner’s unequivocal conduct. Anderson v. Birkeland, 229 Minn. 77, 83, 38 N.W.2d 215, 219 (1949). For example, intent may be inferred from the owner’s long assent to, and acts in furtherance of, the public use, from the owner’s recognition of the public’s need for the use, and from the owner’s recognition that the public has a valid claim to the property after using it. Keiter, 219 Minn, at 378, 18 N.W.2d at 37.

The affidavits submitted by respondents indicate that the roadway has been used to access their lake lots for as long as 72 years. None of the affiants personally requested or were given permission to use the roadway by any of the prior owners of the Storm property. Cf Security Fed. Sav. & Loan Assn v. C & C Invs., Inc., 448 N.W.2d 83, 88-89 (Minn.App.1989) (no intent to dedicate where owner gave nine-year easement), pet. for rev. denied (Minn. Jan. 18, 1990). As early as the 1930s, tourists staying at a resort on Little Birch Lake used the disputed roadway. The roadway itself has always been connected to a platted public road.

Larry Cooper, grandson of a prior owner from the 1920s to 1945, stated by affidavit that he recalled the general use of the roadway during that time and that his grandfather allowed “everyone” to use the roadway. Cooper did not recall his grandfather giving anyone permission to use the roadway. Henry Loxtercamp, the immediate predecessor in interest to the Storms, stated by affidavit that when he bought the property in 1968 he knew there was a long established roadway that he assumed all had the right to use. Loxtercamp also stated that he “intended that the roadway be dedicated, used and maintained year-around for the general use of the area cabin owners and the public.”

The Storms claim factual questions exist concerning the intent of their predecessors in interest. The Storms do not cite any evidence to rebut the evidence presented by the affidavits. Rather, the Storms contend the acts of the prior owners are equivocal and support a reasonable inference of permissive use. In addition, the Storms point to their own actions to show their own lack of dedicatory intent.

The direct evidence of Loxtercamp’s dedicatory intent combined with years of continued open use gives rise to an inference of public dedication.

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Related

Mullins v. Churchill
616 N.W.2d 764 (Court of Appeals of Minnesota, 2000)
Sackett v. Storm
480 N.W.2d 377 (Court of Appeals of Minnesota, 1992)

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Bluebook (online)
480 N.W.2d 377, 1992 Minn. App. LEXIS 60, 1992 WL 10635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sackett-v-storm-minnctapp-1992.