[Download] "Mcgarry v. Scott" by Supreme Court of the State of Oklahoma ~ Book PDF Kindle ePub Free
eBook details
- Title: Mcgarry v. Scott
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 16, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
1 Plaintiff-Respondent Michael McGarry is the trustee for lots held in three living trusts for property in the Timberlake subdivision in McKinley and Cibola counties. Plaintiff sued Defendants-Petitioners McKinley and Cibola counties, among others, to compel road maintenance. This Court granted certiorari to determine whether the New Mexico Subdivision Act, NMSA 1978, §§ 47-6-1 to -29 (1973, as amended through 1999) (Subdivision Act), and this Courts opinion in State ex rel. Shelton v. Board of Commissioners, 49 N.M. 218, 161 P.2d 212 (1945), require that Defendants accept road maintenance or whether Plaintiff can impose maintenance obligations through public use under the theories of implied dedication or prescription. We conclude that the Subdivision Act requires that counties must accept roads for maintenance and that there is no evidence of acceptance in this case. Thus, we affirm the trial courts grant of summary judgment for Defendants.
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