James v. Board of County Commissioners of Muskogee

OPINION

Opinion by

CAROL M. HANSEN, Judge:

¶ 1 In an action for an injunction filed by record title owners (Owners) of certain property, the trial court found the public had acquired a prescriptive right to use Cottontail Lane, a road running through Owners’ property, and denied their prayer. Owners appeal and we affirm. 1

¶ 2 It is undisputed that prior to Owners acquiring title to the property, the road had been used for more than 15 years by persons coming from and going to property on and at the end of the road. Owners claim that use was permissive only. Thus, they point out, no adverse…