Hiller v. County Of Anok

529 N.W.2d 426 (1995)

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Nature of the Case

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Facts

In 1917, The Town of St. Francis was deeded a strip of land to use as a road. A park was later established to the north of the strip. Private property was to the south and Hiller purchased the southern property and fenced in the strip. Anoka County subsequently sought to expand the Park and that plan included the strip and Hiller's property. The Town transferred its interest in the property to County by a quitclaim deed. The County then removed Hiller's fence and initiated condemnation proceedings. Hiller requested that the County include in the condemnation proceedings the strip of land that they had fenced in continuously from 1972-1987. That request was denied, and Hiller (P) filed a mandamus action to compel the county. Summary judgment was given to the County, and P appealed.