Discon v. Saray, Inc.

In order to properly analyze the legal issues involved, it is first necessary to un*1019derstand the facts which this record supports.

It is error, plain on the face of the record, for the Court to consider the canal in controversy as dedicated to the public. The fact that the canal appears on the subdivision plat as a boundary to the subdivision does not make it part of the subdivision in the sense that it is a “dedicated” canal for public use any more than the other streams shown on the plat, placed there to orient the subdivision in relation to known geographical and topographical landmarks.

Caref…