Kohler v. Garden City

HALL, Chief Justice:

This appeal involves a claimed public right-of-way by the Town of Garden City across two different tracts of land owned by plaintiffs Kohler and Birdie Properties. The cases were consolidated at trial.

Garden City is located on the shore of Bear Lake in Rich County. The real property involved consists of two non-contiguous tracts on the edge of the lake. The lake is to the east and the main street of Garden City is on the west of these properties. Garden City claims rights-of-way from Main Street to the water’s edge. Garden City stipulated that there was no right-of-way of…