Renner v. Nemitz

¶1 The appellant, David Nemitz (Nemitz), appeals from an order of the District Court of the Sixteenth Judicial District, Custer County, finding a prescriptive easement over his property in favor of the respondent, James G. Renner (Renner). We affirm in part and reverse in part.

¶2 We address the following issues on appeal:

¶3 1. Did the District Court err in finding a prescriptive easement over Nemitz’s property in favor of Renner?

¶4 2. Did the District Court err in finding the prescriptive easement was not abandoned?

¶5 3. Did the District Court err in finding that the prescriptive easement was…