Private boat club brought action against city seeking writ of mandamus to compel city to repair an access road leading from public boat ramp to club’s private property after road was washed out in flooding.
The District Court granted city’s motion for summary judgment and denied club’s motion for summary judgment. Club appealed.
The Supreme Court held that:
- Access road was not a public street by virtue of interlocal agreement for city maintenance and subsequent annexation;
- Road was not a public street through prescription; and
- Road was not a public street by implied dedication.