Lewis Clark County v. Schroeder

¶ 1 Hiltrud and Jochen Schroeder (Schroeders) appeal from the order entered by the First Judicial District Court, Lewis and Clark County, Hon. Jeffrey M. Sherlock presiding, decreeing that a portion of Eagle Ridge Road is not a public road. Lewis and Clark County (County) cross-appeals from the same order. We affirm and restate the issues presented as follows:

¶2 1. Should this Court “clarify" the order of Judge Seeley at issue in Schroeder I in light of the District Court’s order in this case?

¶3 2. Did the District Court misapply the law and misapprehend the evidence of prescriptive use when…