Postnieks v. Chick-Fil-A, Inc.

Because the evidence does not establish as a matter of law that the trustees dedicated the curb cut and driveway to public use, I respectfully dissent. “To prove a dedication of land to public use, there must be an offer, either express or implied, by the owner of the land and an acceptance, either express or implied, by the appropriate public authorities or by the general public.” Smith v. State, 248 Ga. 154, 158 (2) (282 SE2d 76) (1981). See OCGA§ 44-5-230. In this case, the evidence is insufficient to establish either an express or implied offer of dedication.

The majority opines that an…