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OWSLEY v. ROBINSON

No. 02-104.

65 P.3d 374 (2003)

2003 WY 33

R. Jay and Twyla K. OWSLEY, husband and wife, Appellants (Defendants), v. Edward W. and Joyce E. ROBINSON, husband and wife, Appellees (Plaintiffs).

Supreme Court of Wyoming.

March 6, 2003.

Attorney(s) appearing for the Case

William R. Shelledy, Jr. of Scott, Shelledy and Luhm, P.C., Worland, Wyoming, Representing Appellants.

Kevin D. Huber of Williams, Porter, Day & Neville, P.C., Casper, Wyoming, Representing Appellees.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

KITE, Justice.

[¶ 1] Appellants R. Jay and Twyla K. Owsley appealed from the district court's summary judgment voiding their road easement across property owned by Appellees Edward W. and Joyce E. Robinson. The district court concluded the Owsleys' predecessor-in-interest did not have authority to grant the road easement because the property had already been dedicated to public use as a utility easement. We conclude the district court erred by ruling the property...

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