Bird v. Bidwell

EISMANN, Chief Justice.

This is an appeal from a judgment dismissing an action seeking a determination that the plaintiffs had an implied easement by prior use. We affirm the judgment of the district court.

I.FACTS AND PROCEDURAL HISTORY

Virgil and Lillis Mickelsen were the owners of an 80-acre parcel of property located in Fremont County. The property was rectangular in shape, with the long boundaries running north and south and the southern boundary bounded by a county road. The Mickelsens’ house was located in the southwest corner of the property near the county highway.

In December 1995, the…