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-2 This case has been followed on several occasions since its decision, the last of which was a 1928 case, Powell v. Town Board of Sinnott Township, 175 Minn. Reports, page 395, 211 N. W.'S27, in which the Court stated in part: "Whether a way is public or private does not depend upon the number of people who use it. It is public if everyone who desires to use it may lawfully and of right do so." From the foregoing it would seem clear that the City of Little Canada has ghe right to condemn a roadway so as to give Mr. and Mrs. Campanaro means of gaining access to their property. As you are undoubtedly aware, at the present time their property is totally landlocked abutting the body of water known.as Twin Lake on the northeasterly side, Interstate 694 on the southwesterly side, the Burlington Northern right-of-way on its southeasterly side, and the land of a prviate landowner on the northerly side. It is requested that Your Honorable Body, pursuant to M.S.A. 429.031, cause your engineer to lay out and design a roadway so as to give Mr. and Mrs. Campanaro reasonable public access to their property. The property already is serviced with a public utility of a sanitary sewer. Both Mr. and Mrs. Campanaro and the intervening property owner seem to agree that the most favorable access of servicing each of these properties is a roadway extending along the northerly edge of Interstate 694. Because the roadway will deadend at the Campanaro property, it should not be considered necessary to have a roadway in a greater width than to permit motor vehicles to reasonably pass going in the opposite direction with sufficient boulevard area to handle snow removal. The cost of acquisition and improvement to the roadway could be completely assessed against the benefited properties, with the actual allocation of assessment costs to be made at a later date by Your Honorable Body. I am enclosing a petition form requesting a public roadway to the above described premises of Mr. Daniel J. Campanaro and his wife, Irene. According to the Assessor's map the Campanaro property consists of 8.55 acres and the intervening owner has three separate assessed parcels of 2.80, 1.31 and 4.67 acres for a total of 8.78 acres. JED:pr Enc. Vez-A truly_ y-544 At E: DAUBNEY - ney for Daniel Clerk's Exhibit no. 1261 Meeting-10-12-77 Campanaro SEP 21 1977 CITY Or LITTLE CANADA P