Brick House Café & Pub, LLC v. Callahan

Stuart Callahan appeals an order granting a prescriptive easement over a portion of his property to Brick House Café & Pub, LLC, and FlatHD Properties, LLC (“Respondents” or collectively “Brick House”) and issuing an injunction against the construction of a fence to enclose his property. Because we determine that Brick House failed to prove by clear and convincing evidence that the use of the property by Brick House and its predecessors-in-title was adverse to Callahan and its predecessors-in-title for the entire 10-year prescriptive period, we reverse the judgment of the trial court and…