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SMOLEK v. BD. OF CTY. COM'RS OF PULASKI CTY.

No. 3-177 A 30.

386 N.E.2d 997 (1979)

James SMOLEK, Appellant (Defendant below), v. BOARD OF COUNTY COMMISSIONERS OF PULASKI COUNTY, Indiana, Appellee (Plaintiff below), and Robert Nielson [Sic], Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied April 18, 1979.

Attorney(s) appearing for the Case

Calvin K. Hubbell, Valparaiso, for appellant.

Russell D. Millbranth, Winamac, for appellee.

STATON, Judge.

On October 19, 1975, James Smolek constructed a barbed wire fence across a littleworn dirt road that runs past his rural farm residence in Pulaski County, Indiana. Public authorities were notified of the obstruction, and the ensuing search of public records revealed that in 1926 the Pulaski County Commissioners had dedicated the road to public use. Based on that revelation, the Board of County Commissioners filed suit for declaratory judgment, as well...

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