Gregory v. Sanders

635 P.2d 795, 1981 Wyo. LEXIS 384
CourtWyoming Supreme Court
DecidedNovember 3, 1981
Docket5451
StatusPublished
Cited by32 cases

This text of 635 P.2d 795 (Gregory v. Sanders) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gregory v. Sanders, 635 P.2d 795, 1981 Wyo. LEXIS 384 (Wyo. 1981).

Opinions

RAPER, Justice.

The ultimate issue in this appeal is the validity of appellants’ claim of a prescriptive right to use of roadways owned by appellees. Appellees filed an action in the district court to enjoin use by the appellants. The district court held that appellants had no such right and enjoined further use.1 Appellants in their statement of issues merely listed topics to be discussed. Appellees rephrase appellants’ positions into the form of questions which, with some editing, we can resolve:

1. Is Nadine Sanders a proper party in the litigation and, if not, what is the consequence thereof?
2. Is William A. Sanders a real party in interest with respect to the subject matter of the litigation?
3. Does the evidence show the requisite elements for the acquisition by defendants of an easement by prescription over the roads in the North Fork Subdivision; i.e., did defendants show that they or their predecessors in interest used (a) the private roads contiguous to the North Fork Subdivision roads, (b) continuously or uninterruptedly, and (c) adversely for a ten-year period of time?
4. Is the evidence sufficient to show that continued use of the North Fork Subdivision roads would cause irreparable harm such as to justify injunctive relief?
5. Is the judgment prohibiting Defendants from using the North Fork Subdivision roads to gain access to their property sustainable by the evidence as disclosed by the record in the trial court?

We will affirm.

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Bluebook (online)
635 P.2d 795, 1981 Wyo. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-sanders-wyo-1981.