May a county order property owner to remove dock on shoreline parcel reserved to public for open road and common? Jennen v. County of Aitkin (Minn. App. C7-02-1994) (May 20, 2003) (unpublished). Dismissal of property owner’s challenge to county order to remove dock affirmed. Dock was placed on shoreline property within an open road and common dedicated to public use in 1917 plat. Notwithstanding lack of county plans to develop road, and the fact that dock does not block public right of way, property owner failed to state a claim for relief. Property owner’s claim for adverse possession was also properly dismissed, as one cannot obtain title to public land by adverse possession unless the municipality has abandoned use or private improvements in good faith give rise to estoppel. Full text of ruling
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