Town of Dell Grove v. Helwig

Rogosheske, Justice.

In this action Town of Dell Grove sought an injunction restraining defendants from obstructing a road which the town claimed was established by common-law dedication and public use for over 30 years. The court granted the injunction upon findings, the effect of which is to *140judicially establish a public road by prescription over lakeshore property then owned by defendants.

This appeal from an order denying a motion for a new trial by defendant Esther Helwig, who has succeeded to the sole ownership of the servient property, raises two questions: (1) May the town bring this…