CHOURNOS v. D'AGNILLO

No. 17362.

642 P.2d 710 (1982)

Gus CHOURNOS and Veve Chournos, Plaintiffs and Appellants, v. Rick D'AGNILLO, et ux., Defendants and Respondents.

Supreme Court of Utah.

February 9, 1982.


Attorney(s) appearing for the Case

Pete N. Vlahos, Ogden, for plaintiffs and appellants.

Paul T. Kunz of Kunz, Kunz, & Hadley, Ogden, for defendants and respondents.


OAKS, Justice:

In the district court, plaintiffs failed to establish a right-of-way by prescription over a strip of defendants' property. On appeal, plaintiffs challenge the judgment on three grounds: (1) defendants are not fee simple owners of the disputed strip; (2) the evidence does not support the trial court's finding; and (3) the trial court erred in denying plaintiffs' motion for a new trial on the basis of surprise.

The parties own adjacent properties...

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