Other conduct by the municipality has been sporadic, haphazard and, as in Bateman v. Potruff[3], trivial. Years ago, a surface treatment was applied. At the time it may have been just like the treatment put on adjacent subdivision roads. There is no evidence as to why. There is no evidence of advertence to a title issue. No upkeep of the treatment has occurred for a very many years when other subdivision roads were the subject of municipal work.
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