City of Evanston v. Robinson

ROONEY, Justice,

specially concurring.

I do not disagree with that said in the majority opinion, but note that some of the law quoted and cited therein pertains to ownership of the streets and alleys and of the mineral rights pertaining thereto after vacation of the streets and alleys. We are here concerned with ownership of the mineral rights when there has been no vacation of the streets and alleys.

I also note that the judgment of the district court, herein affirmed, recognizes that the ownership of the mineral rights is in none of the parties hereto but is in the dedicators or their successors and assigns. Such estate cannot be changed without proper conveyance or under pertinent statutory provisions. Although not directly addressing this portion of the judgment, the law cited in the majority opinion supports the district court’s position with reference to it.