Guibord v. Scholtz

¶ 1. Plaintiff Peter Guibord appeals from the superior court’s judgment in favor of defendant Joyce Scholtz denying the Guibords a prescriptive easement to cross over the Scholtzes’ land. Plaintiff contends the superior court’s conclusion that the Guibords’ use of the Scholtzes’ land was permissive rested on factual findings that relied on inadmissible evidence and ignored relevant admissible evidence. Plaintiff also contends the superior court erred in failing to presume the existence of the Guibords’ alleged easement in the absence of admissible evidence to the contrary. We affirm.

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