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.