Monaco v. Bennion

BISTLINE, Justice.

This controversy stems from the unusual manner in which an access road was depicted on the plat of a subdivision of lakeshore property at Windy Bay on Lake Coeur d’Alene. In 1962, defendants Bennions, the original owners of the property, caused the plat to be made, dedicated and recorded under the name “Second Addition to Ben-point.” The filed plat shows what to the casual observer would appear to be a “platted” roadway. No other roadway of any kind is indicated or depicted on the plat which sets forth the owners’ certificate, stating: “We dedicate the roads herein as…