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OB <br />tAKe A^cc^ <br />18 NORTH WESTKRN REl>ORTER. 2d BERin <br />NOV 1979 <br />cm lE ORONQ <br />id any interference with this flow to their <br />iilury it a wroiif for which they are en* <br />tiled to an appropriate remedy.^ To pre« <br />vw such a wronf, injunction is an ap- <br />pr^riate remedy.” Morrill v. Saint An- <br />tho» Falls Water-Power Co., 26 Minn. <br />2221229. 2 N.W. 842, 847, 37 Am.Rep. 399; <br />irn ▼. People’s Ice Co., 82 Minn. 43, <br />^ 641, 51 L.R.A. 829, 83 Am.St.Rep. <br />id Schaefer v. Marthaler, 34 Minn. <br />N.W. 726. 57 Am.Rep. 73, supra. <br />Youn|ltown*s plan contemplates the tak- <br />in|[ of property without just compensation <br />and wimout condemnation proceedini^s as <br />prescrilw by the lease and statute. This <br />is a violtion of plaintiffs* private rights <br />which thl* will suffer not in common with <br />the puUiwenerally hut as a damage sole­ <br />ly to theiw^A private property. <br />Younfstwn objects that plaintiffs* dam­ <br />age, if any,was not been shown to be ir­ <br />reparable. A cases of this nature, the rule <br />has been momhed as expressed in Bilsbor* <br />row V. PiercA 101 Minn. 271, 276, 112 N. <br />W. 274, 276, Vhich involved damage re- <br />suiting from alrainage project: <br />^ Thlrelaxaticn of the rule re­ <br />quiring a prima%acie case of irreparable <br />damage as a condition of granting an in­ <br />junction in such a\ue as this, and a modi­ <br />fication of the enfVced standard of such <br />damage obvious im such decisions gen­ <br />erally, has been ex^’^ssly recognised by <br />this court.** <br />In Whittaker v. SVngvick, 100 Minn. <br />386, 392. Ill N.W. X. 297. 10 L.R.A., <br />N.S., 921, 117 Am.StR% 703, 10 Ann^Cas. <br />528, it was stated: **were has been a <br />material modification in^ch cases of the <br />requiremenu that the inj» should .be ir­ <br />reparable and the legal Vemedy inade­ <br />quate.** <br />[21] We are of the option that the <br />complaint sufficiently allegeswhe injuries <br />whi^ will result if Youngmpwn*s pro­ <br />posed plans are put into opMtion, and <br />that the evidence sustains the <Mit*s find­ <br />ing that such operations, if penwted, will <br />constitute a trespass upon plaintiff^ ripari­ <br />an rights and that the nature S these <br />threatened injuries is such as tonentitle <br />plaintiffs to injunctive relief. <br />Afirmed. <br />Ns. SI72I. <br />Juiie«j94^ <br />1. DsSIcatlsa <br />A street having been located by a plat <br />on the shore of a lake, its dedication to <br />the use of the public will be presumed to <br />have been intended to enable the public to <br />have access to the water for all proper <br />public purposes. Mjnn.Stl941, | 505.14. <br />2. Mualelpal corporatisas CafiS7(f) <br />Where it is proposed to vacate a <br />street which is located upon a lake shore, <br />the final test is whether the public interest <br />will be best served by discontinuing the <br />way. <br />S. Evideaes Cal0(5) <br />Judicial notice wiff be taken of the ex­ <br />tensive public use being made of Lake <br />Minnetonka for recreational purposes. <br />4. Msalelpal csrpsratlsas CafiS7(l) <br />The word *'useless**, as used in statute <br />permitting vacation of a street when it has^ <br />become useless for the purpose for which <br />it was laid out, should not be given any re­ <br />stricted meaning, but should be given the <br />meaning of the term as commonly defined <br />as being of no use, uuserviceaMe, and an- <br />twerine no desired uuroose. Minii.St.194L <br />I 505.14. <br />See Worda sad fbrasca. PrrouNirat <br />Ediftoii. for an sdwr driritiros si <br />**Ustltts'*. <br />8. Maalslpal esrpsrallsas #->8S7fS| <br />In the absence of any showing that a <br />portion of street leadmg to the lake shore <br />had become **uselesiT, within meaning of <br />statute permitting vacation of street when <br />it becomes useless for the purpose for <br />which it was laid out, refusing to act aside <br />timely motion to reopen proceedings in <br />which decree vacating street was entered <br />was an abuse of disaetion. Mina.St.1941, <br />I 505.14. <br />5>llabur ly lb# Coswt. <br />1. A dedkatioo by pUt of a street upon <br />the shore of a meanderod lake will be pre­ <br />sumed to have been uttended to enable <br />the public to have access to the lake for all | <br />proper public purposea <br />2. The final test in determining wheth­ <br />er a street located laoo the shore of a <br />i <br />. • <br />» 9 <br />• • . . <br />%n <br />3