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WILFONG v. CESSNA CORP.

No. 47S01-0511-CV-609.

838 N.E.2d 403 (2005)

Paul WILFONG, Appellant (Plaintiff below), v. The CESSNA CORP., Appellee (Defendant below).

Supreme Court of Indiana.

November 29, 2005.

Attorney(s) appearing for the Case

Charleyne L. Gabriel, Indianapolis, for Appellant.

James C. Tucker, Jennifer A. Tucker, Paoli, for Appellee.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 47A01-0310-CV-00406.

SULLIVAN, Justice.

Paul Wilfong claims to have a prescriptive easement permitting him to use a private roadway across Cessna Corporation's property. While there was evidence that previous owners of Wilfong's property used the roadway, there was also evidence at trial that the prior use had been only with the permission of the owner and not "hostile or under any claim of right...

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