Morrissey v. Achziger

I respectfully dissent! In doing so I shall restate the facts which appeared in my original majority opinion which has now been relegated. I consider this fact statement necessary because a change of emphasis in the new majority opinion stresses only those happenings which occurred after the street in question was vacated.

Chamberlin’s University Terrace East was platted April 5, 1887. Thereafter, on September 15, 1893, the owner of Block 16 resubdivided as Budlong’s Resubdivision of Block 16, Chamberlin’s University Terrace East. Both plats dedicated to the public perpetual rights over the…