Flora v. Clearman

¶1 Plaintiffs Marc and Gloria Flora appeal the October 13, 2015, Order by the First Judicial District Court, Lewis and Clark County, granting their preliminary injunction based on a prescriptive easement rather than on an express public easement. The Floras also appeal the Order’s limit that constrains their prescriptive use to light duty and passenger vehicles along the contested easement of Turk Road. We restate the issues on appeal as follows:

1. Whether the District Court erred in granting the Floras a preliminary injunction based on a prescriptive easement claim.

2. Whether the District…