Austin v. Bingham

Memorandum Decision

ROTH, Judge:

1] 1 Michael and Wanda Austin appeal from certain portions of a damages award in favor of Jon and Adree Bingham. We affirm and remand to the trial court for calculation of the attorney fees that the Binghams incurred on appeal.

T2 The Austins and the Binghams are neighbors in rural Neola, Utah. The Bing-hams have a private right-of-way to access their residence over the Austins' property. That right-of-way has existed for over thirty years, and during much of that time, it was the only access to the Bingham parcel.2 The right-of-way runs from the county road past…