Johnson v. Nessel Town

OPINION

NORTON, Judge.

Appellants, the Olsons, challenge the trial court determination that a parcel of land, never dedicated to the public when platted, is not a town road. The Olsons characterize their appeal as from the partial summary judgment entered before trial. Upon three cross-motions for summary judgment, the trial court denied the Olsons’ motion in an order implicitly granting Nes-sel’s motion, holding that a street shown on a plat was not a town road and that Nessel therefore lacked the right to vacate the street. After the trial between the Olsons and respondents, the Johnsons,…