Kiehl v. Jamison

Citations

• 79 Kan. 788
• 101 P. 632
• 1909 Kan. LEXIS 282

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Highways—Vacation—Unopened and Unused County Roads. Where open and unobstructed lands lying- wholly outside the corporate limits of a city have been regularly platted and laid out as an addition and the streets dedicated to the public, such ■ streets or roads can not be regarded as unopened and un- . ; used within the meaning of, section 6058 of the General Statutes of 1901, making county roads vacant which have remained unopened for public use for seven years.</p> <p>2. -Non-user. Neither the failure of the county authorities formally to open up and work the streets in such an addition nor the fact that such streets -have not been used by the public will make them in láw closed or unopened streets, where everything was done at the time the plat was filed which was necessary to open them for public use.</p>