KAWULOK v. LEGERSKI

No. 06-281.

165 P.3d 112 (2007)

2007 WY 133

Walter R. KAWULOK and Helen C. Kawulok, husband and wife, Appellants (Plaintiffs), v. Roman J. LEGERSKI, Jr., Appellee (Defendant).

Supreme Court of Wyoming.

August 17, 2007.


Attorney(s) appearing for the Case

Representing Appellants: Hayden F. Heaphy, Jr. and Alison A. Ochs of Davis & Cannon, Sheridan, Wyoming. Argument by Ms. Ochs.

Representing Appellee: Stuart S. Healy of Healy Law Firm, Sheridan, Wyoming.

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


KITE, Justice.

[¶ 1] Walter R. Kawulok and Helen C. Kawulok appeal from the district court's order granting Roman J. Legerski, Jr., a prescriptive easement across their property. We conclude Mr. Legerski failed to present evidence to overcome the presumption that use of another's property is permissive as required to establish a prescriptive easement in Wyoming and, therefore, reverse the district court's order.

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