McIntyre v. Board of County Commissioners

I

I find two grave errors in the majority analysis which cause me to dissent. First, and most troublesome, is the majority’s insertion of an additional requirement into the test for prescription of a public highway. Second, the majority conflates the test for whether a road is established by adverse possession with the determination of whether the route is a road in the first instance. I cannot agree with the majority’s decision to add an additional requirement of government action to the test for prescription given the fact that the legislature has not changed the statute in over one hundred…