KOONTZ v. TOWN OF SUPERIOR

No. 87-25.

746 P.2d 1264 (1987)

Ira E. KOONTZ and Velma A. Koontz, Appellants (Defendants), v. TOWN OF SUPERIOR, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 15, 1987.


Attorney(s) appearing for the Case

Jay Dee Schaefer of Schaefer & Newcomer, Laramie, for appellants.

Edward F. Hess of Dill & Hess, Jackson, for appellee.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT, and MACY, JJ.


CARDINE, Justice.

This appeal is from a summary judgment granting the town of Superior title by adverse possession to a street crossing two lots and isolating a third lot. Appellants contend (1) that as a matter of law, Wyoming municipalities cannot obtain by adverse possession an easement or title to private property for the purpose of establishing a public roadway, and (2) that it was error to grant summary judgment when issues of material fact must be determined...

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