Polanski v. Town of Eagle Point

In response to the town’s demurrer, the administrator asserts two reasons why the statute of limitations is not applicable: (1) That the town’s possession of the property was permissive, not adverse, and (2) that it was beyond the legislatively delegated powers of the town to possess the property, and, therefore, in a legal sense, it could not be in possession or occupancy of the property so as to create an adverse use. We disagree with each of these contentions.

Was the township’s possession adverse to Polanski and his heirs?

It appears that plaintiff argues that the possession was not adverse…