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Joel Hanson From: Patrick J. Kelly <pkelly@kellyandlemmons.com> Sent: Wednesday, April 22, 2015 10:42 AM To: Joel Hanson Subject: Rose Lane Attachments: SKMBT_C45115042209380.pdf Joel, Please find herein a copy of Bolen v. Glass. The analysis with respect to platted streets and usage is accurate in addition to the fact that the City of Duluth had authority granted under statute to issue a permit to use the street. Please note the last page of the opinion which states as follows, "Having determined that the City of Duluth had the authority to issue a permit providing for the construction of private improvements on 40th Street, we next address whether Glass has the right to use 40th Street. It is a well-established rule of law in Minnesota "that one purchasing a lot within a plat may rely upon the dedication of streets and alleys shown therein, and possesses the right to use the same." Etzler, 266 Minn. at 364, 123 N.W.2d at 611; accord Bryant v. Gustafson, 230 Minn. 1, 8, 40 N.W.2d 427, 432 (1950). Indeed, "[e]ach purchaser of a lot is entitled to the benefit of the plat as it appears when he purchases it. If there are public streets, they inure to his benefit." Gilbert v. Emerson, 60 Minn. 62, 66, 61 N.W. 820, 822 (1895). Because 40th Street appears on the Oatka Beach Addition plat, any purchaser of a lot within the plat is entitled to use the streets designated on the plat. We hold, therefore, that Glass has the right to use 40th Street as an owner of a lot within the Oatka Beach Addition plat.4i Please call me at your earliest convenience. Thanks. Respectfully, Patrick J. Kelly Attorney at Law Kelly & Lemmons, P.A. 223 Little Canada Road East Suite 200 Little Canada, MN 55117 651-361-8301 (DIRECT) 651-224-3781 (MAIN) 651-223-8019 (FAX) Attention: Any tax advice in this message is not intended or written to be used and cannot be used for the purpose of avoiding any federal tax penalties. This message and any attachments are intended only for the named recipient(s), and may contain information that is confidential, privileged, attorney work product, or exempt or protected from disclosure under applicable laws and rules. If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of this message and any attachments is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the email address or the telephone number included herein and delete this message and any of its attachments from your computer and/or network. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege, protection, or doctrine. Thank you. 1