Uhl v. McEndaffer

In Uhl v. McEndaffer, 123 Colo. 69, 225 P.2d 839 (1950), the supreme court rejected a contention that a strip of land that had been dedicated as a public highway but never improved by the county could be deemed abandoned by nonuse. While the court declined to hold "that a dedicated highway cannot in time be abandoned on account of nonuse," it cautioned that abandonment would "not ordinarily be implied from mere nonuser when the public need has not required the use." Uhl v. McEndaffer, supra, 123 Colo. at 76, 225 P.2d at 843.