Tinaglia v. Ittzes

WOLLMAN, Justice.

Plaintiffs seek a declaration that a road over defendants’ property is a dedicated public road or, in the alternative, that there exists, appurtenant to plaintiffs’ property, an easement of way for all purposes upon that road. Plaintiffs also pray for an injunction against defendants Ittzes and damages from all defendants. From a judgment dismissing plaintiffs’ complaint on its merits, plaintiffs have appealed. We reverse.

In the spring of 1972, the plaintiffs, J. Dean and Madonna L. Tinaglia, acquired some three thousand acres of land from defendants Alvin and Marion Katt.…