Ransom v. Topaz Marketing, L.P.

TROUT, Justice.

Topaz Marketing, L.P. and its owner/officer/agent, Dennis Lower (collectively Lower), appeal from a district court’s decision finding it guilty of trespass and in breach of a duty as the non-exclusive owner of an easement.

I

FACTUAL AND PROCEDURAL BACKGROUND

Two lawsuits against Topaz Marketing and Dennis Lower were combined for purposes of the district court trial: Vilarr Ransom, as Trustee of the Vilarr B. Ransom Revocable Trust (Ransom) v. Topaz and Dennis Lower (Ransom suit) and Farr West v. Topaz and Dennis Lower. The Ransom suit was resolved through mediation; consequently,…