Chournos v. D'AGNILLO

OAKS, Justice:

In the district court, plaintiffs failed to establish a right-of-way by prescription over a strip of defendants’ property. On appeal, plaintiffs challenge the judgment on three grounds: (1) defendants are not fee simple owners of the disputed strip; (2) the evidence does not support the trial court’s finding; and (3) the trial court erred in denying plaintiffs’ motion for a new trial on the basis of surprise.

The parties own adjacent properties in Riverdale, Utah. Defendants are on the west and plaintiffs on the east, with River-dale Road on the south. The properties had once…