Luchetti v. Bandler

OPINION

BIVINS, Chief Judge.

Plaintiff Phyllis Luchetti brought this action to enjoin defendant Joanne W. Bandler from trespassing on plaintiff’s property. From a judgment enjoining her from trespassing on plaintiff’s property, defendant appeals. She raises the following issues: (1) that the road in dispute is a public highway; (2) that defendant has an easement either by estoppel or by prescription; (3) that there was no abandonment of easement by defendant’s predecessor. We affirm.

FACTS

Defendant is the owner of a home and approximately thirty acres of land northeast of the village of Tesuque,…