Keller v. Locke

At issue is a dispute over whether the defendants have a right to use a roadway which allegedly lies entirely on land belonging to plaintiffs. The trial court ruled that the roadway was a private road and enjoined the defendants from travelling over the disputed portion. Defendants appeal as of right and raise two issues for review.

First, defendants contend that the roadway has become a public highway by virtue of public user for over 10 years, pursuant to MCLA 221.20; MSA 9.21.

At trial, it was determined that the roadway had not acquired the characteristics of a public highway. As trier of…