Espedal v. Stone

Plaintiffs brought this action for damages for interference with easements and for declaratory and injunctive relief. Defendants appeal from the parts of the judgment declaring their property subject to prescriptive easements, enjoining them from interfering with those easements and awarding plaintiffs $2,000 for defendants’ interference with the easements.

Defendants argue that the evidence necessary to establish an easement by prescription must be clear and convincing and that plaintiffs’ evidence was not. If plaintiffs’ burden was to establish the easements by clear and convincing evidence,…