Amstutz v. Everett Jones Lumber Corp.

CYNTHIA D. KINSER, Justice.

The dispositive issue in this case is whether there was credible evidence to support the circuit court's finding, under the clear and convincing evidentiary standard, of continuous use of a road sufficient to establish a prescriptive easement for purposes of forestry, timbering, or logging. Finding each claimant's use of the road insufficient to give notice to the servient landowner that an adverse property right was being exercised, we will reverse the judgment of the circuit court granting a prescriptive easement.

I. PRIOR PROCEEDINGS

Everett Jones Lumber…