Anderson v. Town of Hemingway

Ness, Justice:

This is a declaratory judgment action instituted by respondent F. J. Anderson, Jr., to determine whether or not appellant, Town of Hemingway, possessed an easement across respondent’s land. Appellant claims a right-of-way over respondent’s property, fifty feet in width, for a street known as Magnolia Street asserting a dedication of the “street” to the public more than fifty years ago. It is conceded that the alleged street has never been opened for travel.

The trial court, without a jury, held that respondent owned his lot free of any right of way. We affirm.

The basic question…