Question juridique clé
Whether a privately owned road could be deemed dedicated to public use and thus excluded from a private prohibition under § 225 ZPO/ZH.
Solution extraite
A privately owned road can be dedicated for public use without form, but only if the owner has consented; mere toleration is insufficient. Here the dedication and consent were upheld.
Motifs extraits
Cantonal law governs use of public things. Public dedication may occur informally, but the decisive precondition is that the public body or owner has the necessary power to dedicate. In private ownership, the owner's consent may be informal, yet simple toleration of public use does not suffice. The canton-wide jurisprudence applied by the appellate court was not arbitrary.