Hoffer v. Swan Lake Ass'n

Opinion

The plaintiff in this action to quiet title appeals from the trial court’s judgment rendered in favor of the defendant after the court found that the plaintiff did not possess a prescriptive easement across a road owned by the defendant. The plaintiff claims that the court improperly found that his past use of the area in question was by permission, rather than under a claim of right, thereby precluding a finding of a prescriptive easement. We affirm the judgment of the trial court.

*859The relevant facts briefly are as follows. The plaintiff, John M. Holler, owns contiguous lots within a…