Mainor v. Hobbie

RAWLS, Acting Chief Judge.

In this class suit brought by Mainor and others, all of which own property in Bagdad Subdivision, the plaintiffs have appealed from an adverse summary judgment finding that they had no standing to enjoin the Hobbies from fencing in a portion of Simpson Street and an irregular strip of land bordering Blackwater Bay.

Two questions are posed: 1. Are appellants proper parties to prosecute an action to enforce either a public or private right to use the street? 2. Did the 1951 quiet title action operate to vest title in defendants’ predecessors ?

The amended complaint…