Clark v. Heirs and Devisees of Dwyer

¶1 Appellants George and Virginia Byrum and the heirs and devisees of Larry Dwyer and the Dwyer Family Trust appeal from an order of the Fifth Judicial District Court, Madison County, granting a prescriptive easement to Robert and Leslie Clark. We affirm.

¶2 We consider the following issues on appeal:

¶3 1. Did the District Court err by entering findings of fact related to “public use” of the disputed portion of roadway?

¶4 2. Did the District Court err in declaring a private prescriptive roadway easement for “subdivision or residential access” to tracts created by subdivision in the 1960s?

¶5 3.…