Breiner v. Holt County

Hannon, Judge.

L.A. Breiner brought a declaratory judgment action seeking a declaration of the nonexistence of several roads in rural Holt *134County which were adjacent to his land. Holt County (County) answered and alleged the roads were established as public roads by the action of the Holt County Board of Supervisors on December 18, 1925. Holt County counterclaimed, alleging Breiner’s action was barred by the statute of limitations. At trial, the district court found that three of the trail roads claimed by the County to be public roads were roads by prescriptive easement. Breiner appeals only…