Lindner v. Hill

RAY, Justice,

This cause concerns the implied dedication of a road to public use. In 1982, Harvey Lindner and his wife brought this action against the Kendall County Attorney (Frank Y. Hill, Jr.) and others seeking a declaratory judgment that the road in question is private. The trial court, sitting without a jury, held that the road had been impliedly dedicated to public use. The court of appeals affirmed the judgment of the trial court. 673 S.W.2d 611. We affirm the judgment of the court of appeals.

In 1889, Herman Lindner, Harvey Lind-ner’s grandfather and predecessor in title, built a…