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755 N.W.2d 1, *1; 2008 Minn. LEXIS 417. *9 Page 3 or 6 HAIM Persons in possession of unopened platted streets will, until the tine arrives when such streets are required for actual public use, be presumed to hold subject to the permanent right of the public. Governments > Public improvements > Bridges & Roads Real Property Law > .„ > Transfer Not By Deed > Dedication > General Overview HNI1 In Minnesota, 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. Each 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, Syllabus 1, The City of Duluth had the authority to issue a permit providing for the construction of private improvements on a platted but undeveloped street. 2. The purchaser of a lot within a plat is entitled to use streets designated an the plat, Counsel: Bradley J. Gunn, Malkerson. Gilliland & Martin, Minneapolis. Minnesota, for appellant. Stephanie Ann Ball, Fryberger, Buchanan, Smith & Frederick, Duluth, Minnesota. for respondent. M. Alison Luttennan, Deputy City Attorney, Duluth, Minnesota. for respondent. Judges: Anderson, G. Barry, J. C.J. MAGNUSON. C.J., not having been a member of this court at the time of the argument and submission, took no part in the consideration or decision of this case. Opinion by: ANDERSON, G. Barry Opinion I*2] ANDERSON. G. Barry, Justice. Appellant Todd Glass, pursuant to a permit issued by the City of Duluth. added gravel to a platted but undeveloped street adjoining his property. The gravel extended onto parts of the street where his neighbors, respondents Michael and Deborah Bolen and Joseph Zajac, own the underlying fee. The Bolens brought an action against Glass, alleging trespass and seeking declaratory and injunctive relief. The district court added Zajac as a plaintiff [*2] and ruled against Glass, ordering him to restore the street to its prior condition. The court of appeals affirmed the district court but modified the judgment to require Glass to restore only those parts of the street where he is not the underlying fee holder. We reverse. Michael and Deborah Bolen, Joseph Zajac, and Todd Glass own lots adjoining 40th Street in the Park Point neighborhood of Duluth. In 1902, the Duluth Common Council accepted a plat of the Oatka Beach Addition that identified 40th Street as Interiachen Street. The plat states that the owners of the property "dedicate to the public use the streets and avenues herein shown." The Oatka Beach Addition plat indicates that Interlachen Street runs northeast -southwest between Lake Avenue and Minnesota Avenue. I Lake Avenue runs along Lake Superior. and Minnesota Avenue runs along Superior Bay. 40th Street, which separates Blocks 1 and 2 of the Oatka Beach Addition, is 30 feet wide, two lots long, and slopes upward away from Minnesota Avenue. A street sign designates the intersection of 40th Street and Minnesota Avenue, hut the City does not maintain any part al' 40th ['3l Street. Former Duluth city engineer Michael Meso testified at trial that 40th Street is "a public right-of-way that we likely would not develop as a public street." Likewise. the district court found that "the The record suggests that Lake Avenue is an undeveloped street. MARTIN NOROER