Alice Mcclelland v. Town Eustis

WHITFIELD, P. J. -- A suit was brought to enjoin the town from using as a street property in a subddivision that had been dedicated as a street but had been by ordinance abandoned as one of the streets of the town before it had been opened or used, and the space had for perhaps twenty years been enclosed and improved by the abutting owner who had title to the middle of the space on each side subject to the dedication. As the town had statutory authority at least to discontinue the street, and as it undertook toodo so by an ordinance passed over the mayor's veto, the enclosure and improvement of the space by the abutting owner was apparently authorized and acquiesced in even though the ordinance was not passed upon the