Some places , easement was established, The argument is many states created state law. In some states if a public easement (one-rod width per section boundry line, was used it remained a public easement. The plain states looking at most maps road are part of those easements, roads were generally or 4-rod roads (66feet) Often public record of public funds used in the easement often dictated public use. There are lawsuits every year regarding public easement And the big landowner al too often wins because the public doesnt present a caseIsn't there such a thing as an easement to gain access to property not bounded by a public road?
This didn't resolve anything. It was just a civil lawsuit filed.
The win was in the criminal case, but it still didn't exactly resolve the matter.