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I <br />u <br />& <br />Ii:. <br />Vj <br />eIv <br />I'-..... • • <br />P*On »OPHQH HOIK HP'.j *5'i. ?.;a«! :»i:: <br />Tl»» innna oC whun ji City had to exercise its easement ritihts <br />waa considered in In He MalntaJiaug.e_2.1 .EQAd. Al.eaa^> 250 M.W.2d <br />827 (Minn. 1977). In the La_SfiLJlaiulStiai;ca cane, town residents <br />sought relief for the town board's failure to open, ccnstiuct, oi <br />maintain a town toad over a public- easement. The court disinissed the <br />claims stating. <br />[Wle point out that the mere platting of <br />the land did not inatantly create an <br />obligation upon the town board to open and <br />maintain the dedicated streets. Out cases <br />have cen.sistent 1 y held that the <br />inunieipslity may determine the Lime it <br />will open the street and assume the <br />maintenance thereof. <br />td. at 831 (citations omitted). <br />Hr. Wear may not challenge the City's actions to complete <br />Wear Lane North over Outlet B and make all of the road public. The <br />plat filed by wear Enterprises dedicated the streets to public use. <br />Mr. Wear obtained no greater property Interest in the lands by virtue <br />of the City's inaction over a two year period. The City of Orono may <br />properly complete West Lane North and assume sole cesponalbility for <br />the msintenance thereof. <br />5. Mr. Wear has sustained no damages by the CitT*d actions <br />No compensation la appropriate In the present action Nr. <br />wear's property was subject to the plat which he submitted to the <br />City oC Orono. Pursuant to the plat, the City of Orono has an <br />easement for wear Lane North and wear Circle. Since the plat is <br />filed with the City, all potential purchasers had K.-'-wladge that <br />these roads would potentially be constructed. <br />. I . -4 <br />I <br />• * • • <br />.._ _ _ _ _^ **