Ercanbrack v. Judd

ELLETT, Justice:

This appeal raises the question of whether or not Grass Creek road has been abandoned by Summit County and, if it has not, whether the appellant is entitled to damages.

For many years the Grass Creek road was a public way established by use and not by grant. Plaintiff and defendants own land abutting the road. Plaintiff bought his land in 1965, but his title comes through grantees from his father who for many years owned the land and used the road.

Due to a landslide in the early 1950’s and the failure of the county to keep the road in repair, the public departed from the road…