Denny v. Tomei

Opinion

PETERS, J.

“From early times, under the common law, highways have been established in this state by dedication and acceptance by the public.” Wamphassuc Point Property Owners Assn. v. Public Utilities Commission, 154 Conn. 674, 680, 228 A.2d 513 (1967). In this declaratory judgment action, an abutting landowner claims that he has the right to build a road on property that, in a 1961 recorded subdivision map, was dedicated for future highway use. The town has manifested its intent to accept the road if he builds it. Because the landowner’s property was never part of the subdivision, the…