Home of Economy v. Burlington Northern Santa Fe Railroad

KAPSNER, Justice.

[¶ 1] Home of Economy appeals from a judgment dismissing its claim for damages and an injunction requiring Burlington Northern Santa Fe Railroad (BNSF) to reopen a grade crossing. We hold the district court correctly placed the burden of proof on Home of Economy and was not clearly erroneous to find Home of Economy failed to prove the existence of a public road by prescription. We also hold the district court was not clearly erroneous to find Home of Economy failed to establish an easement by estoppel. We affirm the judgment.

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[¶ 2] BNSF operates a spur line connecting BNSF’s…