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1 <br />LINDQUIST & VENNUM p.llp. <br />Letter to Clifford M. Greene, Esq <br />November 20, 1998 <br />Page 5 <br />City Manager, proceeded to have vehicles removed from the portion of Woodhill <br />Avenue between Mr. Wagener’s driveway and Woodhill Country Club. The record of <br />Mr. Pillsbury’s dedication of the road up to the Woodhill Country Club property line <br />could not be more clear. <br />Similarly, the evidence of acceptance of that dedication by public use is well known <br />to Orono and is established in the testimony of John Morrison and John Pillsbury’s <br />affidavit. Through the years that Mr. Pillsbury owned the property, Woodhill Avenue <br />was used on a regular basis by Woodhill members and their guests. It was used by <br />the those families that lived in the original farmhouse and the barn manager’s house <br />which were located near the western entrance next to Woodhill Avenue. It was used <br />by their guests. The road was used by service people making deliveries both to the <br />club and to the families living near the west entrance. For many decades, a ho-se <br />show was held annually at Woodhill to which the public was invited. The show was <br />publicly advertised by a billboard and was sponsored by the Minneapolis Junior <br />League. Woodhill Avenue was open to and used by horse show attendees. <br />Families who were not members of Woodhill but who rented boarding space for their <br />horses at the stables also used Woodhill Avenue. Similarly in the 1950’s and 1960’s <br />Woodhill teams participated in a youth hockey league. Members of the public <br />participating in those league games used Woodhill Avenue. Families that lived on <br />Woodhill Road, their guests and service people used Woodhill Avenue. We also <br />have evidence of numerous people who were not club members who simply used <br />Woodhill Avenue to cut-through to Woodhill Road and County Road 15. Both the <br />quant* *^ d ve . ty of use of Woodhill Avenue far exceeds the type of use normally <br />found V to constitute “public use” for purposes of dedication. <br />In addition to common-law dedication. Woodhill Avenue up to the Woodhill Country <br />Club property line is also a public road through statutory dedication pursuant to <br />Minn. Stat. § 160.05, subd. 1. "The requirements of the statute are met with the <br />showing of use by the public and maintenance at the expense of an appropriate <br />agency of government over a continuous period of at least six years." Town of Bell <br />Prairie v. Kliber. 448 N.W.2d 375 (Minn. App. 1985). For the reasons discussed <br />above, sufficient public use is present for statutory dedication. As for maintenance, <br />"it is not necessary ... that every part of tne road be worked at government expense <br />or that any particular part receive attention every year of the six year period,” Kliber. <br />supra at 379, but, ”[t]he maintenance must of a quality and character appropriate to <br />1074480'I