CONDAS v. CONDAS

No. 15669.

618 P.2d 491 (1980)

John P. CONDAS, George P. Condas, Harry P. Condas, Margarita Creglow Ellis and Tessie Madsen, Plaintiffs and Respondents, v. George J. CONDAS, Mary Condas Lehmer, Chris J. Condas, Nick J. Condas, Ellen Condas Bayas, Alexandra Condas Ockey and J. Condas Corporation, a Utah Corporation, Defendants and Appellants.

Supreme Court of Utah.

September 18, 1980.


Attorney(s) appearing for the Case

Joseph Novak, Salt Lake City, for defendants and appellants.

Claron C. Spencer, Salt Lake City, for plaintiffs and respondents.


WILKINS, Justice:

Plaintiffs, who are cousins of the individual defendants, brought this action to compel defendants to remove two gates constructed across a road in White Pine Canyon, Summit County, which barred access to real property owned by plaintiffs. Plaintiffs alleged that they either have a prescriptive easement to use the road as it crosses defendants' property, or the road is a public roadway, and cannot be barred by defendants.

The District Court...

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