Emanuelson v. Gibbs

ARNOLD, Judge.

Plaintiff requests a mandatory injunction ordering defendants to remove the posts placed by defendants in the right-of-way of Acorn Lane. Defendants contend they have the right to mark the right-of-way of Acorn Lane on plaintiffs property because plaintiff has no rights in the street. We hold that Acorn Lane is a street dedicated to the public use and that the trial court erred in finding and concluding defendants “have the right to mark the boundary lines of Acorn Lane.”

The record reveals that defendants, developers of Old Oak Estates subdivision, duly recorded a plat showing…