Property owners brought action against town, seeking to quiet title to strips of land that fell within platted roads and alleyway.
The Superior Court granted property owners’ motion for summary judgment. Town appealed.
The Court of Appeals held that platted roads and alleyway were not subject to the nonuser statute and thus did not revert to property owners.
Platted roads and alleyway which were never developed were not subject to the nonuser statute and thus did not revert to property owners in quiet title action against town, where the plain language of the nonuser statute as it existed at relevant times limited its application to “county” roads and ceased to apply to the roads on property owners’ land when the property was annexed into and became part of the town one year after having been platted.