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Supak v. Zboril

Evidence of long-standing, continued use of a road by numerous individuals, without permission and without objection, supports a finding of implied dedication of that road.

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AFFIRMED IN PART, VACATED IN PART, AND OPINION FILED AUGUST 23, 2001

OPINION

The underlying dispute in this appeal is whether the co-owners of a strip of rural land impliedly dedicated that land for public use as a road. Challenging a judgment against them, the landowners argue that the evidence is legally and factually insufficient to support the jury’s finding of an implied dedication, and that the trial court erred in ordering them to pay attorneys’ fees. We affirm the trial court’s judgment in part, and, because the trial court lacked jurisdiction over one of the parties, we vacate the judgment in part.

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