R & C. RANCH, LLC v. Kunde

Defendant Buckhorn Ranch, LLC, appeals from a judgment awarding plaintiff a statutory way of necessity through its ranch, arguing that the trial court erred in construing the relevant statutes. Plaintiff cross-appeals, arguing that the court erred in refusing to declare that it had a prescriptive easement across defendant’s property and that it was also entitled to damages, in dismissing its claim for punitive damages, and in awarding defendant attorney fees. On cross-appeal, we reverse and remand with instructions to enter a declaration that plaintiff has a prescriptive easement and to…