Brimstone Mining, Inc. v. Glaus

¶1 Appellants John Glaus (Glaus) and Marietta Glaus (Marietta) *239appeal a judgment of the Fifth Judicial District Court, Madison Comity, finding a prescriptive easement over their property in favor of Brimstone Mining (Brimstone) and awarding damages to Brimstone for interference with the easement. Brimstone cross appeals, asserting the easement is a public right of way and that it is entitled to a larger award of damages. We affirm in part and reverse in part and remand for proceedings consistent with this Opinion.

¶2 We address the following issues on appeal and cross appeal:

¶3 1. Did the…