Bushmiaer v. City of Little Rock

In Bushmiaer v. City of Little Rock, 231 Ark. 848, 333 S.W.2d 236 (1960) the Court interpreted the statutory provisions governing the use of dedicated easements-that a city of the first class does not abandon a publicly dedicated easement by non-use. The court observed that neither adverse possession nor the equitable doctrine of laches could be successfully invoked to defeat the right of the city to open the street which was dedicated to that use. Id. In other words, once an easement has been dedicated to the public and there has been given appropriate notice by platting, owners of lots abutting on the platted street are presumed to have had knowledge of the city's right to proceed in its own time to open the street.