specially concurring.
I concur, but I take exception to the statement in the majority opinion that:
“the holding in Gregory v. Sanders, supra [Wyo., 635 P.2d 795 (1981)], has little bearing on the present circumstances because there some of the disputed roads had clearly been reserved on the plat for private use of the lot owners.”
As pointed out in my dissent to that case, the plats of the five subdivisions involved in that case, clearly and unambiguously dedicated the roads thereon to the public. Notarized statements on plats for Subdivisions 1, 2, 3, and 4 so dedicated the roads “as shown on the foregoing Plat,” and a notarized statement on the plat for Subdivision 5 dedicated “to the public use existing roads and ways.” The roads under consideration were then existing roads. There was no reservation for private use on the plats.
Although the majority opinion in Gregory v. Sanders, supra, does not harmonize with this opinion, the dissent in it does, and the holding in this case is proper.