Bauer Enterprises, Inc. v. City of Elkins

The appellant, Bauer Enterprises, Inc., filed a declaratory judgment action against the City of Elkins in the Circuit Court of Randolph County on July 14, 1982. The purpose of the suit was to determine the various property rights of the parties with respect to a street in Elkins, West Virginia, known as Cole Avenue. The lower court found that the disputed portion of Cole Avenue was a public street. On appeal, the appellant asserts that the court erred in its ruling by incorrectly applying the law to the facts of the case.

Cole Avenue is located in the South El-kins Addition and is named and…