Laserfiche WebLink
submits affidavits supporting his motion , "an adverse party may <br /> not rest upon the mere averments or denials of his pleadings but <br /> must present specific facts showing that there is a genuine issue <br /> for trial. If he does not so respond, summary judgment, if <br /> appropriate,ro riate, shall be entered against him." The City has <br /> presented no facts tending to show that the petitioners were not <br /> purchasing in good faith of the lake access easement. <br /> All allegations by the City of Orono as to representations, <br /> ..greements or promises made by Mr. Chapman in connection with the <br /> platting of his property are irrelevant to this proceeding <br /> because those alleged promises were never reduced to an instru- <br /> ment which was memorialized on the Certificate of Title to the <br /> property, and because the petitioners had no actual knowledge of <br /> them. <br /> Further, allegations of the City of Orono that the peti- <br /> tioners were aware that the dock existing on the property when <br /> they purchased it may not he a legal dock, in the sense that it <br /> may not comply with the provisions of the Lake Minnetonka Conver- <br /> sation District are similarly irrelevant. The Petitioners do not <br /> seek a determination regarding the validity of the existing dock, <br /> or of anything having anything to do with dock rights on the .c <br /> property. That is a question that the Petitioners readily admit <br /> must be taken up with the appropriate authorities in the future. <br /> The Petitioners merely seek to have a determination made that the <br /> easement granting access to Lake Minnetonka is valid. <br /> -7- <br />