Owsley v. Robinson

KITE, Justice.

[¶ 1] Appellants R. Jay and Twyla K. Owsley appealed from the district court’s summary judgment voiding their road easement across property owned by Appellees Edward W. and Joyce E. Robinson. The district court concluded the Owsleys’ predecessor-in-interest did not have authority to grant the road easement because the property had already been dedicated to public use as a utility easement. We conclude the district court erred by ruling the property was dedicated to public use and, consequently, reverse.

ISSUES

[¶ 2] The Owsleys state the issue for review as follows:

Whether the…