Mandamus

CASE LAW UPDATE:  Whether the mandamus did not lie because petitioners had an adequate remedy at law?

Real estate developer and ten other landowners sought a writ of mandamus directing county to maintain the roads in a subdivision and recognize them as public rights of way.  Developer argued that the trial court erred by:  (1) concluding that mandamus did not lie because developer had an adequate remedy at law; and (2) sua sponte granting summary judgment to county and dismissing the complaint.  Noting that the county board had jurisdiction to consider a complaint that the that the township improperly failed to maintain a town road, the Minnesota Court of Appeals concluded that the developer had an adequate remedy at law.  Affirmed.

Slater v. Wabasha County, A19-2017, Wabasha County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2020-06-27T01:36:30+00:00June 27th, 2020|Victories/Case Law Updates|0 Comments

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