Koontz v. Town of Superior

CARDINE, Justice.

This appeal is from a summary judgment granting the town of Superior title by adverse possession to a street crossing two lots and isolating a third lot. Appellants contend (1) that as a matter of law, Wyoming municipalities cannot obtain by adverse possession an easement or title to private property for the purpose of establishing a public roadway, and (2) that it was error to grant summary judgment when issues of material fact must be determined.

We modify and affirm.

The town of Superior was organized in 1911. At some time thereafter, the Original Plat of the town of…