Parker v. Elder

The District Court for the Thirteenth Judicial District, Big Horn County, has entered a permanent injunction enjoining defendants from interfering with plaintiff’s use of a road which crosses defendant Carrie Wilmoth Elder’s land. For reasons expressed herein we affirm. Defendants raise the following issues on appeal:

1. Did the District Court err by concluding that the subject road was a public road by reason of and pursuant to 43 U.S.C. Section 932?

2. Did the District Court err by concluding that the plaintiff had a road right of way by reason of prescriptive easement?

The action involves a…