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STATE OF MINNESOTA DISTRICT COURT <br /> HENNEPIN COUNTY FOURTH JUDICIAL DISTRICT <br /> Sandra Benson Wingerd and Harold:: Court File No. 27-cv-08-23042 <br /> Wingerd, <br /> Plaintiffs, <br /> vs. <br /> ORDER AND MEMORANDUM <br /> 1350 Baldur, LLC, a Minnesota Limited <br /> Liability company, and Frederick Puzak, <br /> Defendants. <br /> This matter came on for a hearing before the Honorable Cara Lee Neville on January 13, <br /> 2009, upon Defendant's Motion for Partial Summary Judgment. Adam W. Heaton, Esq., <br /> appeared on behalf of Plaintiff. Joseph S. Lawder, Esq., appeared on behalf of Defendant. <br /> Based upon all the files, records and proceedings herein, and the arguments of counsel, the Court <br /> hereby makes the following ORDER: <br /> 1. Defendant's Motion for Partial Summary Judgment is GRANTED. <br /> 2. The Court Declares a current and legally valid appurtenant easement for the benefit of <br /> Lots 21-33, and burdening Lot 20, Block 1, Baldur Park, Hennepin County, Minnesota, <br /> with the dimensions defined in the Deed to title of May 24, 1948, recorded with the <br /> Hennepin County Clerk and Recorder as Document No. 251998, and attached herein. <br /> 3. The Court hereby enjoins Plaintiffs, their agents, and assigns, from interfering with <br /> Defendants' use of the Driveway Easement to access and enjoy the properties benefited <br /> by such easement. <br /> 4. The attached memorandum is incorporated herein by reference. <br /> LET JUDGMENT BE ENTERED ACCORDINGLY <br /> IT IS SO ORDERED BY THE.OUP' <br /> G l <br /> Dated <br /> �� <br /> The Honorable Cara Lee Neville <br /> Judge of District Court <br />