Ours v. City of Rolla

I respectfully dissent. Although the majority opinion does not discuss whether there was a dedication of the Buehler Park property, I believe that it was, in fact, dedicated to the public. I also believe that Plaintiffs have standing to maintain their suit.

The trial court found that the 1958 “Warranty Deed” did not dedicate the park property to public use because “it does not require the property to be used as a park ‘forever’ or words to that effect.” The trial court also found that prior to the quit claim deed from the Chamber of Commerce, the City held the property subject to a defeasible…