Marshall v. Blair

TROUT, Chief Justice.

I

BACKGROUND AND PRIOR PROCEEDINGS

This petition for review arises from the Court of Appeals’ decision to affirm the district court’s determination that Dennis and Paula Marshall (the Marshalls) established a prescriptive right to use a gravel roadway known as Kirwan Lane. The two parcels of real property that are involved in this suit have been owned by numerous people but, at one time, were owned entirely by the same person. Each parcel currently is served by Kirwan Lane, which provides several of the parcels that abut the roadway with the only access to a county road.…