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Kelly claimed the Kelly-Morris Development Company (KM), one of its predecessors in title, had owned both the parcel and the property comprising the right-of-way.
The Keetons contended they were entitled to a share of the vacated right-of-way because of an Alabama statute that, since being amended in 2004, provided that "upon vacation of a right-of-way, title and all public rights, including the right to close the street, alley, or highway vacated, shall vest in the abutting landowners" The common law prior to the 2004 amendment was that all the land constituting a dedicated right-of-way should be restored, upon vacation, to a landowner whose predecessors in title had owned all the property compromising the right-of-way before its dedication.