Condas v. Condas

WILKINS, Justice:

Plaintiffs, who are cousins of the individual defendants, brought this action to compel defendants to remove two gates constructed across a road in White Pine Canyon, Summit County, which barred access to real property owned by plaintiffs. Plaintiffs alleged that they either have a prescriptive easement to use the road as it crosses defendants’ property, or the road is a public roadway, and cannot be barred by defendants.

The District Court for Summit County, sitting without a jury, found that the road is a public roadway, and ordered defendants to remove the gates. The Court…