Skates v. Bryant

¶20. The majority erroneously finds that Quasar Drive is not a public road under the common law doctrine of dedication or under the doctrine of prescription. As the evidence presented indicates, Quasar Drive was dedicated for public use as a “public road” by map and deed language. Alternatively, Quasar Drive became a public road by way of prescription, and there is no evidence to justify a finding of abandonment of use. For these reasons, I dissent.

¶ 21. First it is essential to state certain facts to clear up confusion. Testimony indicates that the road in question was built and used by the…