Herrmann v. Bd. of Com'rs of City of Aberdeen

FOSHEIM, Justice.

This is an appeal from a judgment of the circuit court which denied the application of appellants for a writ of mandamus to open a dedicated public alley. We reverse.

In 1959, the owners of the land in question recorded an approved plat for an addition to the City of Aberdeen, wherein this alley was dedicated. Thereafter, Mr. and Mrs. Jacob Grismer and Frederick Herrm-ann Associates, Inc. acquired title to abutting lots in Block 2 of this addition. One of the alleys dedicated to the public use runs between the lots of the Grismers and Frederick Herrmann Associates, Inc. That…