Kadlec v. Dorsey (7/2/10)

This opinion reverses a Court of Appeals decision we blogged last year; see that blog for the facts and issues.

The court agrees with the dissent below. There is no presumption that a roadway easement was intended for public use. One who contends that an easement – whether for a road or anything else – was dedicated to public use must do so by clear and convincing evidence.

(link to opinion)