Roberts v. Swim

SUBSTITUTE OPINION

The Court’s prior opinion, dated April 28, 1989, is hereby withdrawn.

SWANSTROM, Judge.

Joseph and Wanda Roberts brought an action claiming that either a public roadway or a private easement existed on two routes across the property of Sherman and Rhea Swim. The district court held that an easement existed on one of the two routes by prescriptive use. The Swims have appealed, contending that the evidence was insufficient to establish the prescriptive easement. A cross-appeal raises additional issues which we summarize as follows: (1) whether the court erred in failing to find…