Ingle Butte Ranches, Inc. v. Fronapel

Defendant City of Mt. Vernon (the city) appeals a trial court judgment upholding both a prescriptive easement in plaintiffs’ favor over land owned by defendants Mark and Theresa Fronapel (the Fronapels)1 and a right to use a bridge that the city built over the same land pursuant to an express easement from the Fronapels’ predecessors. Among other arguments, the city asserts that the trial court erred in upholding plaintiffs’ right to use the bridge because (1) a prescriptive easement against a municipality is prohibited as a matter of law; (2) the evidence was insufficient to establish a…