Snipes v. Schalo

PERRY, Judge.

Larry B. Schalo and Princess E. Schalo appeal an award of attorney fees to Walter D. Snipes and Dale Snipes. The underlying case was a trespassing cause of action filed by the Snipeses, in which the Schalos asserted, as a defense and counterclaim, the right to a prescriptive easement across the Snipes-es’ land. For the reasons set forth below, we vacate the award of attorney fees and remand to the district court for further proceedings.

I

FACTS AND PROCEDURE

The Schalos bought their property in 1978. The Schalos’ southern border abuts Lake Pend Oreille and the Schalos’ eastern…