Tomchak v. Walker

BAKES, Justice.

Plaintiffs appeal from the district court’s dismissal of their complaint seeking a declaratory judgment that a roadway is a county highway. We reverse and remand for further proceedings.

Plaintiffs own title to land abutting and underlying portions of a dirt road which is graveled in places and extends past a gate and a “no trespassing” sign to reach a dead end. Plaintiff Tomchaks’ home is along the road before the gate, and there is an abandoned home beyond the gate. Title to a portion of the property underlying the road is in a private individual not a party to this action.…