McGill v. Wahl

OPINION

COMPTON, Justice.

The McGills appeal the superior court’s grant of an injunction against the blocking of a roadway across their property to the Wahls’ property. The injunction thus rec ognized a prescriptive easement held by the Wahls. The McGills also appeal the superi- or court’s denial of a jury trial, and its award of attorney’s fees. We affirm the court’s decision to deny the jury trial and grant the injunction. We reverse the award of attorney’s fees and remand the issue for reconsideration.

I. FACTUAL AND PROCEDURAL BACKGROUND

Since the early 1950s the Wahl and McGill families have…