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Facts

  • The case revolves around a dispute over the use of Quay Road AI (QR AI), which crosses over McFarland Land and Cattle Inc.'s property. Originally, QR AI crossed an arroyo on Plaintiff’s property via a wooden bridge that washed out in 1954, leading to the road being rerouted onto Plaintiff’s land, creating a "low water crossing." In 2016, Caprock constructed a solar array south of Plaintiff's property, requiring use of QR AI and the low water crossing. Plaintiff sought compensation from Caprock for the use of the road, leading to a legal dispute over the existence of a public prescriptive easement for the road crossing Plaintiff's property (paras 2-4).

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Plaintiff-Appellant: Argued that the elements necessary to establish a public prescriptive easement were not proved by clear and convincing evidence at trial. Specifically, Plaintiff contended that Defendants presented no evidence of the general public's use of the roadway (paras 1, 6).
  • Defendants-Appellees and Intervenor-Appellee: Asserted affirmative defenses that Plaintiff’s claims were barred by virtue of an implied easement, prescriptive easement, or an easement by necessity. They argued that the public, including Defendants, had the right to use QR AI because it was a county road and sought a declaration that QR AI and the low water crossing are within a public prescriptive easement (paras 4, 5).

Legal Issues

  • Whether the district court erred in concluding that a public prescriptive easement existed over Plaintiff's property for the use of Quay Road AI (QR AI) by clear and convincing evidence.

Disposition

  • The Court of Appeals reversed the district court’s final judgment that Defendants and the County established a public prescriptive easement and remanded for further consideration of the remaining theories raised by Defendants and the County but not ruled upon by the district court following trial (para 17).

Reasons

  • The Court of Appeals, per Judge Megan P. Duffy, with Chief Judge J. Miles Hanisee and Judge Zachary A. Ives concurring, found that Defendants did not meet their burden to establish by clear and convincing evidence that the general public used QR AI. The court highlighted that the district court made no specific findings on the general public's use of the road, and the evidence presented at trial did not establish use of QR AI by the general public. Testimonies from Plaintiff’s ranch manager and president, as well as neighbors and County employees, indicated limited use of the road, primarily by neighbors and their invitees, which does not constitute use by the general public. Consequently, the requirements for a public prescriptive easement were not met (paras 6-16).
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