PITTS v. ROBERTS

No. 14454.

562 P.2d 231 (1977)

Charles E. PITTS and Ethel J. Pitts, Plaintiffs and Appellants, v. Leo ROBERTS, Defendant and Respondent.

Supreme Court of Utah.

March 17, 1977.


Attorney(s) appearing for the Case

Robert C. Liljenquist, of Bradford, Marsden, Creer & Liljenquist, Salt Lake City, for plaintiffs and appellants.

A. Alma Nelson, of Hanson & Garrett, Salt Lake City, for defendant and respondent.


MAUGHAN, Justice:

Before us is a judgment dismissing plaintiff's complaint, for failure to state a claim.

The action was brought to establish a right to use part of defendant's land, as a roadway. The claim was the alley was a dedicated public way. In the alternative plaintiff sought a prescriptive easement. We sustain that part of the judgment which rules against the dedication claim, but reverse that part denying plaintiff a prescriptive easement. Plaintiff...

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