Town of Gilbert v. Fruehauf

LARRY D. VAUGHT, Judge.

| iThis is an appeal from an order granting summary judgment in favor of appellee Benjamin Fruehauf II and denying summary judgment to appellant Town of Gilbert regarding a disputed area of land, specifically, Town of Gilbert argues that the trial court erred in its conclusion that the disputed area was not a public street dedicated in the 1903 plat of the town but rather was an abandoned railroad right-of-way that is now owned by Fruehauf. We see no error and affirm the order of the trial court.

On August 19, 1903, Charles Gilbert, trustee, filed a plat of the 1 own of…