Millard v. Granger

The trial court entered a judgment providing, inter alia:

“1. That the road over which defendant and the public travel through such of plaintiffs’ lands as the road may extend on Lummi Island in Whatcom County, Washington, has ripened into a public road by prescription, and is hereby declared to be a public highway by prescription.

“2. That plaintiffs have no right to close or obstruct said road and are hereby forever enjoined from so doing.”

The plaintiffs appeal, and contend that the record establishes that the public use of the road was permissive, rather than adverse, and, hence, there could…