Harrison v. SPAH Family Ltd.
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The Supreme Court affirmed the judgment of the district court, on summary judgment, ruling that a prescriptive easement had been formed, but held that the court incorrectly instructed the jury regarding the scope of the prescriptive easement and therefore remanded the case for a new trial with the correct jury instruction.
On summary judgment, the district court determined that Appellees had established a prescriptive easement across the property of Appellants. After a trial for a determination of the scope of that easement, the jury returned a verdict, and the court entered a final judgment. The Supreme Court held (1) on summary judgment, the district court did not err in ruling that a prescriptive easement had formed; (2) the district court did not abuse its discretion in its decisions regarding the admissibility of the parties' respective expert witnesses; but (3) the district court erred in instructing the jury regarding the scope of the prescriptive easement, necessitating a new trial.
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