Gehres v. Falls Township

OPINION BY

Judge SIMPSON.

This case involves a dispute as to whether a municipality enjoys a public, prescriptive easement to discharge storm water runoff across private property. Larry Gehres and his wife, Marlene Gehres, (Plaintiffs) appeal an order of the Court of Common Pleas of the 44th Judicial District (Wyoming County Branch) (trial court) denying their motion for judgment notwithstanding the non-jury verdict (JNOV) in favor of Falls Township (Township). Plaintiffs contend the Township’s evidence failed to establish the elements of a prescriptive easement. For the following reasons, we…