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ALGERMISSEN v. SUTIN

No. 27,186.

61 P.3d 176 (2002)

133 N.M. 50

2003-NMSC-001

Holly Dietz ALGERMISSEN, Panina Paula Ballen, Leroy M. Garcia, Kim A. Griffith, John S. Hart, Mark Hauswald, Eugene S. Hertel, Jr., Lynn A. Hertel, David D. Kenney, Susan G. Kutvirt, E. Michael Lewiecki, Dana Mccabe, John A. Marsello, Kay Nations, Rebecca Noland, Harvena Righter, Joe Ruiz, Andrew C. Stone, Isabel Stone, a minor, by and through her natural parents and next friends, Andrew C. Stone and Dana Mccabe, and Nina Wallerstein, Plaintiffs-Appellants, v. Jonathan B. SUTIN, and Malka S. Sutin, his wife, as individuals or as trustees of their revocable living trust, if any, Michael G. Sutin and Esther S. Sutin, his wife, as individuals or as trustees of their revocable living trust, if any, Harrison H. Alley and Anne Alley, his wife, Maura Lewiecki, David Wolfe and Joan B. Scott, his wife, Tom A. Sellers and Doris M. Sellers, his wife, David P. Sklar, Ralph S. Trigg and Gwen Trigg, his wife, Richard I. Dorin and Maxine H. Dorin, his wife, William J. Chesnut and Jo P. Chesnut, his wife, and James R. McCrory and Cynthia McCrory, his wife, Defendants-Appellees.

Supreme Court of New Mexico.

December 12, 2002.

Attorney(s) appearing for the Case

The Simons Firm, LLP, Thomas A. Simons, IV, Charles V. Henry, Santa Fe, NM, for Appellants.

Henkel & Sloan, PC, Robert G. Sloan, Albuquerque, NM, for Appellants.

Geoffrey W. Sloan, Santa Fe, NM, for Appellants.

Sutin, Thayer & Browne, Norman S. Thayer, Michael G. Sutin, Albuquerque, NM, for Appellees.

Moses, Dunn, Farmer & Tuthill, P.C., Victor E. Carlin, Albuquerque, NM, for Appellees.

OPINION

MINZNER, Justice.

{1} Plaintiffs appeal from a district court order, following a bench trial, which dismissed with prejudice their claims to a public easement by prescription. The district court determined that Plaintiffs failed to prove the elements of a prescriptive easement by clear and convincing evidence. Plaintiffs appealed initially to the Court of Appeals, which in turn certified the matter...

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