For example, in Jones v. Ross, 54 Tenn. App. 136, 388 S.W.2d 640 (1963), the Court of Appeals, speaking through Judge Carney, the Presiding Judge, upheld the action of a chancellor in ordering the removal of a brick fence. And in Collins v. Thomas, 495 S.W.2d 201 (Tenn. App. 1973), the Court, speaking through Matherne, J. (the author of the opinion in the instant case), ordered the erection of a fence. We hold that a mandatory injunction is the only available and viable remedy in this action.
"Once a road has been dedicated for public use, it remains a public road in the absence of proof that the statutory procedures for closing roads have been followed." Dennis v. Miceli, No. M1997-00056-COA-R3-CV, 1999WL 1072559, at *4 (Tenn.Ct.App. Nov. 30, 1999) (citing Collins v. Thomas, 495 S.W.2d 201, 202 (Tenn.Ct.App. 1973) ;McDavid v. McGuire, 526 S.W.2d 474, 479 (Tenn.Ct.App. 1973); Blake v. Skelton, 5 Tenn. App. 539, 553 (1927); Hill v. Hoffman, 58 S.W. 929, 932 (Tenn.Ch.App. 1899)). The record in this case discloses no proof at all of any action ever taken by Perry County to abandon Daniel's Landing Road, and the actions hereinafter discussed of Second Chance Farms, Inc. and its predecessors in title to block public use of the portion of Daniel's Landing Road in issue in this case are ineffective to foreclose the rights of the public.
Once a road has been dedicated for public use, it remains a public road in the absence of proof that the statutory procedures for closing roads have been followed. See Collins v. Thomas, 495 S.W.2d 201, 202 (Tenn.Ct.App. 1973); McDavid v. McGuire, 526 S.W.2d 474, 479 (Tenn.Ct.App. 1973); Blake v. Skelton, 5 Tenn. App. 539, 553 (1927); Hill v. Hoffman, 58 S.W. 929, 932 (Tenn.Ch.App. 1899). Thus, a dedication of land to public use is not destroyed (1) by adverse possession or mere public nonuser, see City of Knoxville v. Gervin, 169 Tenn. 532, 539, 89 S.W.2d 348, 351 (1936); West Meade Homeowners Ass'n, Inc. v. WPMC, Inc., 788 S.W.2d at 367; Varallo v. Metropolitan Gov't of Nashville and Davidson County, 508 S.W.2d 342, 347 (Tenn.Ct.App. 1973), (2) by a private party's obstruction of the road, see Hill v. Hoffman, 58 S.W. at 932, or (3) by the public authority's failure to maintain it.
King v. Elrod, (1953), 196 Tenn. 378, 268 S.W.2d 103; Gibson's Suits in Chancery, 5th Edition, Sections 51 and 871. The cases of Collins v. Thomas, (Tenn. App.W.S. 1973), 495 S.W.2d 201, and Blake v. Skelton, 5 Tenn. App. 539, relied upon by the Appellants are not applicable to the facts of the instant case. It, therefore, becomes immaterial whether the two strips of roadway were legally closed by the Henry County Highway Commission. Assignments of error 2 and 3 are pretermitted.