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755 N.W.2d 1, 't°5; 2008 Minn. LEXIS 417, "11 <br />Page 6 of 6 <br />"public highways and public grounds." Duluth. Minn., Legis. Code, § 45-84.1iN9 Minnesota law is clear that tile public <br />has a property interest in platted streets that are undeveloped. 1 'r n.. 'rat ' 505 01 s . r 1 1; w w r' 2 ►6 'un. 3h3.f 4 <br />j23 N,W.2d at 610; ,see also St. Paul & 17ultah R.R. Car. City of 12tdut1t, 73 Mini . 2 0 t' V 3"+ .;'' 1898 (stating <br />that HN10 persons in possession of unopened platted streets "will, until the time arrives when such streets are required for <br />actual public use, be presumed to hold subject to the permanent right of the public"). Based on this [4'921 property interest, <br />we conclude that platted but undeveloped streets constitute "public highways" or "public grounds" under the Duluth City <br />Charter, Accordingly, we hold that the City oI' Duluth had the authority to issue a permit providing for the construction of <br />private improvements on 40th Street. <br />II. <br />Having determined that the City of Duluth had the authority to issue a permit providing for the construction of private <br />improvements on 40th Street, we next address whether Glass has the right to use 40th Street. HN11 it is a well-established <br />rule of law in Minnesota "that one purchasing a lot within a plat may rely upon the dedication of streets and alleys shown <br />therein, and possesses the right to use the same." k't: la'r. 260 Minn. at 364, 123 N.W 2il al 611; rtrrrrrrl <br />230 Minn 1, 8, 40 N.VV.24 427 432 (19511J Indeed, "[cluch purchaser of a lot is entitled to the benefit of the plat as it <br />appears when he purchases it. If there are public streets, they inure to his benefit." " 1►>r r r nt 6 u 'r 1 O ( ; <br />61 N.W. 8'20, 1122 (18951. Because 40th Street appears on the Oatka Beach Addition plat, any purchaser of a lot within the <br />plat is entitled to use the streets designated [''fiJ ("°°131 on the plat. We hold, therefore, that Glass has the right to use 40th <br />Street as an owner of a lot within the Oatka Beach Addition plat. a <br />Because the City of Duluth had the authority to issue a permit providing for the construction of private improvements on <br />40th Street and Glass is entitled to use 40th Street as an owner of a lot within the Oatka Bench Addition plat. we reverse <br />the decision of the court of appeals. <br />Reversed. <br />MAGNUSON, C.J., not having been a member of this court at the time of the argument and submission, took no part in <br />the consideration or decision of this case. <br />N71 APPENDIX <br />[SEE EXHIBIT 1 IN ORIGINALI <br />' The panics raise a variety of other issues in this appeal, including whether 40th Street has been opened by public use, whether Glass <br />is entitled to access his property via 40th Street because he is an adjoining landowner, and whether the general public is entitled to use <br />40111 Street. We need not reach these issues in Tight of our resolution of the case on the grounds set forth above. <br />MARTIN NORDER <br />