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conveyed an auditorium to the city of Red Wing.John Wright & Assocs., Inc. v. City of Red Wing, <br />106 N.W.2d 205, 207 (Minn. 1960). The auditorium was later converted to a movie theater and <br />leased to a private entity to operate. The Court upheld the lease. In doing so, the Court relied on a <br />case from 1896 that examined whether acity could construct a warehouse on property dedicated <br />to the city for public use as a “levee” or “landing.” Regarding the future use of property conveyed <br />to the public, the Court explained: <br /> <br />It is elementary and fundamental law that, if a grant is made for a specific, limited, <br />and definite public use, the subject of the grant cannot be used for another and <br />different use. Its use must be restricted to that for which it was dedicated. . . . <br />However, no narrow or unreasonable definition should be placed upon the nature <br />of the use … nor any unreasonable limitation imposed\[.\] … It is only when there <br />has been a clear diversion of the property to a use inconsistent with that for which <br />it was dedicated that courts would feel warranted in interfering; and this will usually <br />be largely a question of fact, depending on the facts and circumstances of each <br />particular case. <br /> <br />City of St. Paul v. Chicago, M. & St. P. Ry. Co., 68 N.W. 458, 460 (Minn. 1896). In the current <br />situation, the developer of the Mid Oaks Plat dedicated the land at as right-of-way. Certainly, <br />creation of a pathway would not be “a clear diversion of the property” to an inconsistent use. <br />Further, it is unlikely, in my opinion, that a court would be concerned over which city department <br />is responsible for maintaining the ROW, provided that, to the extent it is improved, such <br />improvement is consistent with use as a right-of-way. It is less clear how a court would view a <br />conversion simply to a park with no pathway. If the Council seeks such a result, I recommend that <br />the Council make specific findings in support of how a park use with no pathway is consistent with <br />the right-of-way designation. <br /> <br /> <br /> <br />2 <br />RS160\\1\\1037578.v2 <br />Qbhf!22:!pg!429 <br /> <br />