Kratina v. Board of Commissioners

The opinion of the court was delivered by

Foth, C.:

The issue in this case is whether the public has acquired a right of way for a public road across plaintiffs’ land by prescription.

The action was precipitated when the Auburn township board started to clear brush from and otherwise improve an old roadway running a half mile across the north edge of plaintiffs’ quarter section of land in southwest Shawnee county. The township board was acting under the authority of an order of the county commissioners dated October 19, 1971, which purported to open the road under K. S. A. 68-114. Plaintiff…