Lyons v. Baptist School of Christian Training

*374CALKINS, J.,

with whom CLIFFORD and RUDMAN, JJ., join, dissenting.

[¶ 32] I respectfully dissent. I do so because the Court has failed to give the proper deference to the trial court’s factual findings and because the Court has created a new and unwarranted presumption in the law of prescriptive easements.

[¶ 33] I agree with the Court that the elements required to prove a public prescriptive easement are continuous public use for twenty years under a claim of right adverse to the owner, with the owner’s knowledge or acquiescence, or a use so open, notorious, visible, and uninterrupted that…