Buttolph v. Erikkson

Plaintiffs appeal from a decision of the superior court finding that defendants had established a prescriptive right to use a driveway which passed over a corner of plaintiffs’ land. Plaintiffs also appeal the court’s ruling that the roadway to which the disputed driveway led was a public way, and contend that the court’s findings and conclusion of law regarding the public way should be stricken because the matter was not raised in the pleadings and not briefed by the parties. We affirm.

Plaintiffs first claim that it was reversible error for the trial court to find that defendants had…