be restricted. The stated goal of the newly-created easement is to “limit the non-commercial use of the roadway by the public.” Although the easement purports to allow access to residences, Minto Grain has reserved the right to close Kilowatt Drive for specified periods at its discretion. We hold the trial court erred in concluding the Tiberts’ case was moot. Ill [¶ 12] The Tiberts argue the trial court erred in determining there was no clear and convincing evidence of BNSF and its predecessors’ common-law dedication of Kilowatt Drive. The Tiberts argue a public roadway was established by BNSF and its predecessors’ actions, which amounted to an implied dedication, resting on or including and incorporating the principles of estoppel in pais. [¶ 13] “In a dedication, W.2d 606, 609 (1949) (<HOLDING>); General Auto Serv. Station v. Maniatis, 328
holding the effect of a commonlaw dedication is to create only such an estate or right in the public as is necessary to enable it to enjoy the uses for which the dedication is made and to reserve the fee to the dedicator holding that the borough of deals dedication of a portion of a beach for use by its residents only was immaterial given the public trust doctrines requirement that the public be afforded the right to enjoy all dry sand beaches owned by a municipality holding because dedication is a theory premised on estoppel  the owner can be precluded from resuming rights over the property if the public acts upon the owners manifestations holding the effect of a common law dedication is that the public acquires an easement to use the property for the purposes specified while the fee remains with the dedicator holding a common law dedication keeps the fee vested in the donor burdened with an easement over the way in question and subject to the acceptance of the easement by the public