Paul Kadlec and Rachel Kadlec, Husband and Wife; Duane Howell and Brenda Howell, Husband and Wife…

Summary

The court held that creating a roadway easement does not presumptively dedicate the roadway to public use. The party asserting a public dedication must prove the owner’s intent through clear evidence, and the undisputed record here did not support such an inference. The court vacated the appellate decision, reversed partial summary judgment for the plaintiffs, and remanded for further proceedings.