Norton v. Holcomb

I respectfully dissent. The majority opinion concludes that Norton tendered “insufficient” evidence to support a finding that the road running through Holcomb’s property was used continuously by the Marble Company for 20 years so as to entitle him to a prescriptive easement as the successor in interest of the Marble Company. I disagree.

As set forth in the majority opinion, Norton’s own 2006 affidavit sets forth (1) that Norton (who was 55, having been born in 1951) grew up and lived his entire life near the properties in question, thus establishing his personal knowledge of the use of the…