05-11-1999 Public Hearing - Woodhill CC

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I I I LINDQUIST & VENNUM p.l.l.p. Clifford M. Greene, Esq. January 26, 1999 Page 5 \ * i i « . t « . * I property, new bituminous paving was done in 1988 and extended up to approximately 50-60 feet from the Woodhill line. As to the second element for common law dedication, "acceptanre ” of the dedication may be shown either by public use or by governmental maintenance. The City has admitted that prior to 1968 use was made of Woodhill Avenue by the public and that this public use extended up to the Woodhill property line. However, both in the response to request for admission and In our discussions, the City has suggested that the law requires not just “public use" but some other step by the City in order for there to be "acceptance" of a common law dedication. “Acceptance of a dedication by the public may b( shown by public user , as by travel, or by acts of public officers in improving and maintaining the road." Daugherty v. Sowers . 68 N.W.2d 866, 868 (Minn. 1955). The Court has repeatedly recognized that “common user bv the public is the y^ery highest kind of evidence of public acceptance of a dedication." Benqtson v. Village of Marine on St. Croix. 246 N.W.2d 582, 584 (1976). I have found no cases which have suggested that the “acceptance ” element of common law dedication requires both public user and maintenance by a governmental body. The final paragraph of the City’s response discusses the platting of the right-of-way in 1988. The platting of the right-of-way in 1988 is not really responsive to the request which only asked about existence of a public street prior to 1968. Request No. 8 does not ask the City to take a position on any event or occurrence after 1968 or on the status of the road after 1968. I think that for each of the reasons set forth above, the evidence is uncontroverted that Woodhill Avenue up to the Woodhill Country Club property line was a public street by common law dedication prior to 1968. Mr. Pillsbury knew his boundary lines, knew the location of the road and intended that all of it be dedicated to public use. It was, in fact, used by the public - the highest form of evidence of public acceptance. In addition, the area of Woodhill Avenue east of Maurice Wagener ’s driveway was accepted as a public road by the City officials in 1979 and actively policed as evidenced by the police chiefs letter to Mr. Wagener and the official removal of the trucks. t IXk.- L