City of Indian Hills v. Indian Hills Co.

EBLEN, Judge.

In 1940 the predecessor in title to the Indian Hills Co., hereinafter referred to as the Company, dedicated to public use a stub of a road leading eastwardly off West-wind Road and dead-ending at a 46 acre tract then owned by the Indian Hills Development Company. This stub of a road, named Eastwind Road on a subdivision plat filed of record in the county clerk’s office, was never developed as a roadway.

*322In 1942 the City of Indian Hills, a sixth class city, annexed an area which included this stub of a road and also a triangular plot, owned by the Company and situated between the…