Bonnie M. Combs-DeMaio Living Trust v. Kilby Butte Colony, Inc.

¶1 Bonnie M. Combs-DeMaio Living Trust (Trust) appeals from a judgment of the Fourteenth Judicial District Court concluding Trust failed to prove the existence of a prescriptive easement over land owned by Kilby Butte Colony, Inc. (Colony). We affirm.

¶2 We restate the issues on appeal as follows:

¶3 1. Did the District Court err in finding a prescriptive easement

was not established?

¶4 2. Did the District Court err in finding any prescriptive easement that may have existed was extinguished?

BACKGROUND

¶5 The facts in this case are lengthy and controverted. We recite here only those facts…