Kadlec v. Dorsey

OPINION

RYAN, Justice.

¶ 1 We today hold that the mere creation of a roadway easement does not raise a presumption that the road has been dedicated for public use.

I

¶2 The critical facts are not in dispute. Richard Turigliatto owned land north of Tucson, which he split into three lots. A dirt roadway traversed the three lots, connecting to public roads on either end. As he sold the first two lots, Turigliatto retained an easement across them. When he sold the third and westernmost lot, Turigliatto retained ownership of the roadway. The parcel that Daniel and Sherri Dorsey (“the Dorseys”)…