Miller v. Miller

Summary

The Fifth District Court of Appeals considered a dispute over whether roadways in the Lake O'Dell subdivision were dedicated public roads and whether the defendants could claim adverse possession. The court affirmed the determination that the roadways were public and held that adverse possession could not be asserted against them. It reversed the order prohibiting the parties from encumbering the roadway and struck language concerning Washington Township's maintenance and improvement responsibilities.

Holdings

1. The 1923 plat, its recording and acceptance by the Holmes County Commissioners, and the applicable law in effect at the time were sufficient to establish Lakeview Drive and Park Driveway as public roads.
2. A party cannot acquire a dedicated and re-platted public roadway by adverse possession.
3. The order stating that neither party could encumber the roadway was superfluous and outside the scope of the relief requested, and therefore had to be reversed.
4. Language purporting to bind Washington Township or relieve its trustees of responsibility was unlawful because the township trustees were not parties to the action and had to be stricken.

Questions Presented

1. Whether the trial court properly granted partial summary judgment declaring Lakeview Drive and Park Driveway dedicated public roads.
2. Whether defendants could assert adverse possession over the dedicated and re-platted roadways.
3. Whether the trial court properly ordered that neither party could encumber the roadway.
4. Whether the trial court improperly included language concerning Washington Township trustees' duties to improve or maintain the public roadways when the township was not a party.

Disposition

reversed_and_remanded