Kizer v. Finch

1 Although the City of Helena was named as a defendant originally, the City's motion to dismiss was granted; the appellant does not challenge that dismissal. Thus, the Court does not treat the City of Helena as a party to this appeal.

Does occupancy by a subdivision lot owner of an unimproved but publicly dedicated strip of property, lying between the front line of the lot and the street curb, vest in the lot owner a property right superior to the right of the public to use the right-of-way, as contemplated by the public dedication? Under the facts of this case, we answer the question in the…