Schneider v. Howe

BURDICK, Justice.

This matter involves a dispute over the existence of a roadway easement in Jefferson County. Respondent Glen A. Schneider as trustee of The Glen A. Schneider Revocable Trust (Schneider) sought a declaratory judgment that a public road easement existed over a portion of the Spencer subdivision (the subdivision) as shown on the plat of the subdivision. The case comes to this Court on appeal from the judgment of the district court confirming the existence of the easement. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1978 the plat for the subdivision was approved and recorded…