Foster v. Bergstrom

OPINION

PARKER, Judge.

Residential landowners requiring public access for a proposed subdivision brought an action against a neighboring family and the city to declare an existing roadway a public street. The neighboring family successfully invoked the Marketable Title Act as a defense and established ownership by eonstruc tion of their deed. The landowners appeal the district court’s declaration that the disputed road is not a public street and that the claim of title is barred by the Marketable Title Act. We affirm and remand with instructions to the trial court to provide a legal description…