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f <br />36. City has no right or title to the Jerome Property or to <br />the Lindell Property for the alleged public road. <br />37. City has no legal right in connection with the alleged <br />public road to enter upon the Jerome Property or the Lindell <br />Property to exercise control over the gates, or to control or <br />permit access over the Disputed Property to Lake Minnetonka. <br />38. Plaintiffs are entitled to a permanent injunction <br />precluding City from entering onto the Disputed Property for the <br />purpose of exercising control over the gates, or permitting or <br />controlling access to Lake Minnetonka over the Disputed Property. <br />COUNT FOUR <br />(Trespass and Ejectment) <br />39. Paragraphs 1-38 are restated, realleged and incorporated <br />by reference. <br />40. City has no legal right or title to the Disputed <br />Property. <br />41. City is trespassing on Plaintiffs’ properties by <br />exercising control over the gates and permitting access over the <br />Disputed Property to Lake Minnetonka. <br />42. Plaintiffs are entitled to an order for ejectment to <br />oust City from Plaintiffs' properties. <br />43. Plaintiffs have been damaged by City's interference in <br />Plaintiffs' rights to use, control and possess of their property <br />in an amount to be determined. <br />WHEREFORE, Plaintiffs demand judgment as follows; <br />1. Declaring that the alleged public road does not exist as <br />an encumbrance on the Jerome or Lindell Property and that Jerome <br />I? <br />- 6 -