Fitzpatrick v. Palmer

Harsha, Judge.

{¶ 1} George Palmer appeals the trial court’s judgment declaring that Paul David Fitzpatrick II had established a public easement by prescription and an easement by necessity over Palmer’s property. Palmer contends that the trial court’s judgment is against the manifest weight of the evidence. We agree that Fitzpatrick failed to prove by clear and convincing evidence that the public had acquired an easement by prescription or that Fitzpatrick had acquired an easement by necessity. And because the trial court converted Fitzpatrick’s claim for a private easement by prescription…