Friends of the Hastain Trail v. Coldwater Development LLC

JOHNSON, J.,

Dissenhng.—I respectfully dissent.

The majority opinion not only distorts but also changes the law of implied dedication to reverse the trial court’s judgment in favor of Friends of the Hastain Trail and Mountains Recreahon and Conservation Authority (MRCA) (collectively, Friends). The opinion bases its conclusions on factual assumptions not supported by the record, decides issues Coldwater Development *1042LLC and Lydda Lud, LLC (collectively, Hadid), did not raise at trial or on appeal, and gets our standard of review backward, all to reach a result precluded by proper application of…