Preview:

STATE OF MINNESOTA IN COURT OF APPEALS A10-1339 In the Matter of the Verified Petition of Robert L. Ruikkie and Karen Ann Ruikkie for Certain Relief Pursuant to Minnesota Statutes Section 508.671, petitioners, Appellants, vs. George P. Nall, et al., defendants and third party plaintiffs, Respondents, vs. Mark Monacelli, as St. Louis County Registrar of Titles, et al., third party defendants, Respondents, Tom Hanson, Commissioner of Finance, State of Minnesota, as Custodian of the State Torrens Assurance Fund, third party defendant, Respondent. Filed May 9, 2011 Reversed and remanded Minge, Judge St. Louis County District Court File No. 69DU-CV-07-1100 Robert L. Ruikkie, Karen Ann Ruikkie, Brooklyn Park, Minnesota (pro se appellants) Mitchell J. Brunfelt, Michael Patchin, Colosimo, Patchin, Kearney & Brunfelt, Ltd., Virginia, Minnesota (for respondents George P. Nall, et al.) William E. Defenbaugh, Jr., Ely, Minnesota (for respondents Anthony and Penny Stolfe) Mark S. Rubin, St. Louis County Attorney, Timothy O. Lee, Assistant County Attorney, Duluth, Minnesota (for respondents Mark Monacelli, et al.)

Lori Swanson, Attorney General, Samantha K. Juneau, Assistant Attorney General, St. Paul, Minnesota (for respondent Tom Hanson) Considered and decided by Minge, Presiding Judge; Johnson, Chief Judge; and Crippen, Judge.* SYLLABUS I. The original United States government survey establishes the basis for

determining the location of boundaries of government subdivisions even if there are errors in the original survey. II. If errors in the original United States government survey require

interpretation of the survey to determine the location of boundary lines, the interpretation and any correction must be made in accordance with standards established by the federal government or, in the absence of any such applicable standards, in accordance with state standards and judicial precedent. III. Only in the absence of federal standards, state standards, or judicial

precedent is the opinion of surveyors or the conduct of landowners relevant to the location of boundary lines of government subdivisions. IV. The doctrine of boundary by practical location is not applicable to

determination of boundaries of government subdivisions but can be applied to resolve disputes independent of such subdivision boundaries. V. Minn. Stat.

Download A10-1339, In the Matter of the Verified Petition of Robert L. Ruikkie and Karen

Minnesota Law