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<br />APPUCATION OP BALDWIN
<br />IS 9i,WJt4 IS4
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<br />meandered lake may be vacated upon pe
<br />tition of an interested property earner is
<br />whether the public interest will be best
<br />served by such vacatm.
<br />3. Judicial notice will be taken of the
<br />character of Lake Minnetonka.and the ex
<br />tensive public use made of the lake for
<br />recreational purposes.
<br />4. The word ''useless** in Minn.St.194L
<br />5 505.14 (Mason St.l927, | 8244), permit
<br />ting vacation of a street when it is "use
<br />less for the purpose for which it was laid
<br />out,*' must be given its full and unrestricted
<br />meaning.
<br />5. Refusal to set aside a decree vacat
<br />ing a public street located upon the shores
<br />of Lake Minnetonka upon petition of an ad
<br />joining owner not personally served with
<br />notice of the vacation proceedings hM
<br />erroneous.
<br />Appeal from District Court, Hennepin
<br />County; Levi M. Hall, Judge*
<br />is owned by Albert Jacoby, who consented
<br />in writing to the partial vacation of the
<br />street
<br />Appellants are the owners of a lake-shore
<br />lot abutting on the same street and lying im
<br />mediately east of the portion sought to be
<br />vacated. They occupy their property only
<br />during the summer months of each year
<br />but, during such period, have occasion to
<br />use the portion of Lake Street sought to
<br />be vacated as their most direct connection
<br />with county road No. 82, leading to Minne
<br />apolis and Excelsior. They can, how
<br />ever, by a more circuitous route, via West
<br />Street, also reach the county road.
<br />Lake Street was dedicated to public use /
<br />in 1883 by the plat of Dennett's Addition to_^
<br />Covington, hied in that year. However!
<br />the portion of the street here involved has
<br />never been graded or otherwise improved
<br />by the township, and its use as a thorough
<br />fare by the public generally has not been
<br />extensive.
<br />^ Proceeding in the matter of the applica-
<br />g tion of Edward H. Baldwin and Hazel
<br />I Baldwin to vacate a portion of Lake Street
<br />V located on the north shore of St. Albans
<br />\ Bay of Lake Minnetonka, Hennepin Coun-
<br />X ty, wherein a decree was entered as prayed
<br />I Arne Bergren and another subsequently
<br />V filed a motion to set aside the decree. From
<br />an order denying the motion Ame Bergren
<br />and another appeal
<br />Reversed
<br />Thomas TaUakson« of Minneapolis, for
<br />appellants.
<br />O. J. Grathwol, of Excelsior, and John
<br />son, Sands & Brumfield, of Minneapolis,
<br />for respondeuti.
<br />On August 14, 1942, on application of the
<br />Baldwins, the district court made an order
<br />fixing September 8 as the date of hearing
<br />on their petition to vacate the portion of
<br />Lake Street which has been described.
<br />Pursuant to directions contained in the or
<br />der for hearing, it was duly published and
<br />posted and a copy served upon the chair
<br />man of the township of Excelsior. The
<br />order did not direct service upon appellants,
<br />and they were not personally served, nor
<br />did they have actual notice of the proceed
<br />ings until after a decree of vacaiioo was
<br />entered.
<br />STREISSGUTH, Justice.
<br />This is a proceeding under Minn.Stl941,
<br />I 505.14, Mason Stl927, | 8244, for the
<br />vacation of a short stretch of Lake Street
<br />(about 150 feet) located on the north shore
<br />of St. Albans Bay of Lake Minnetonka in
<br />Excelsior township, Hennepin county, de
<br />scribed as "All that part of Lake Street ly
<br />ing between the southeasterly line of Coun
<br />ty Road No. 82 and the southwesterly line
<br />of West Street extended to the shore of
<br />Lake Minnetonka, Bennett's Addition to
<br />Covinron.** The petitioners, Edward H.
<br />Baldwin and Hasel Baldwin, who are re
<br />spondents here, own two lots, with a front
<br />age of 50 and 51 feet respectively, abutting
<br />00 Lake Street, while a third abutting lot
<br />15K.W.2d-U|fi
<br />When the matter came on to be beard in
<br />district court no opposition appeared. The
<br />trial court, after hearing the petitioners,
<br />made appropriate findings, including one
<br />following the language of the petition, viz.:
<br />"That the portion of said Lake Street so
<br />described is useless for the purposes for
<br />which said street was laid out; that all of
<br />the property owners abutting on said por
<br />tion of said street are desirous of having
<br />it vacated, and that said portion of said
<br />street is now of no use to your petitioners
<br />or to any other person for the purposes for
<br />which said street was laid out.**
<br />A decree vacating the described portion
<br />of Lake Street was accordingly enierctLm
<br />September 14, 1942.
<br />All was well until the following spring,
<br />when the Bergrens moved back to the lake
<br />for the summer. With apparent innocence,
<br />they began using the vacated portion of
<br />";
<br />f !
<br />5-n
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