John Bino v. City Hurley

Action by the plaintiffs John Bino, Sr., and Mary Bino, his wife, to recover damages from the defendant city for the act of such city in removing a gate from the plaintiffs' land, and to perpetually enjoin the city from dismantling or removing any replacement gate which the plaintiffs may erect across a certain private roadway located on their premises. The defendant counterclaimed for a judgment declaring such roadway to be a public highway, and perpetually restraining the plaintiffs from interfering with the free and unobstructed use thereof by the city and the public. The plaintiffs since 1938 have owned all but two acres of an eighty acre tract of cutover land lying within the city limits of the defendant city, which tract borders both on Lake Lavina and U. S. Highway 51. The roadway in question extends from highway 51 to the city water pumping station located near the shore of the lake, the length of the same being slightly in excess of 1,800 feet or one-third of a mile. A spur branches off part way to the pumping station, which spur leads to the lake shore. Such roadway has been in existence since 1890.