Brown v. Novak

The pleadings are basic in an arrival at the issues. McKenna v. Whipple, 97 Conn. 695, 702. Here reliance upon the assumption of a discontinuance of a public highway has been made, and the pleadings seem to rest upon a violation of a private right.

Originally the claim of discontinuance was as of 1868, which was later changed to 1923. In discontinuing a highway, the statutory method must be strictly followed; Greist v. Amrhyn, 80 Conn. 280; and the approbation of the town must be of the precise act of discontinuance made by the selectmen. This approbation “might be given before or after action…