Brazil v. City of Auburn

This action was brought in 1977 by the respondent, who holds record title to a strip of land 20 by 1,000 feet in area located within the city of Auburn. He sought to enjoin the City's use of this property as a public roadway and to recover its rental value from the time the City had paved it in 1971. The City answered that title to the property was in the public, by reason of prescriptive user and adverse possession.

The suit was tried to the court, which, after hearing the evidence, announced its judgment in favor of the respondent. Before the findings, conclusions and judgment were signed,…