Waterway Drive Property Owners' Ass'n v. Town of Cedar Point

I agree with the majority that the trial court did not abuse its discretion in striking the John Jones affidavit. I therefore concur in section IV of the majority’s opinion. I must respectfully dissent as to the *558remainder, however, as I believe that the evidence shows that the Town of Cedar Point has expressly accepted the portion of Front Street now part of Waterway Drive and that there are genuine issues of material fact as to whether plaintiffs’ withdrawal was effective and whether the Town has acquired a prescriptive easement as to the portion of Waterway Drive outside of the original…