Village of Capitan v. Kaywood

OPINION

EASLEY, Chief Justice.

The Village of Capitan (Village) sued to obtain a permanent injunction against the Kaywoods to prevent them from obstructing a public road. The trial court dismissed the petition and granted the Kaywoods the right to maintain a fence across the road. The Village appeals. We reverse.

The issue presented is whether there was substantial evidence to support the trial court’s conclusion that the Village had not established a public right-of-way by prescriptive easement.

The Kaywoods’ property is a tract of relatively modest size situated in an inhabited subdivision. The…