Soup Creek LLC v. Gibson

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The Supreme Court reversed the order of the district court, which concluded that Soup Creek Road was an extinguished prescriptive easement across the parcel of land owned by Plaintiffs - Soup Creek, LLC, Dewey Skelton, and Rosana Skelton - holding that the district court erred in concluding that Soup Creek Road was not a public highway. Soup Creek Road had been used as a public travel way for more than 150 years. In 2010, Defendants’ predecessor-in-interest successfully petitioned to abandon only that portion of Soup Creek Road that crosses over what is now Defendants’ parcel. In 2009, the Skeltons asked the district court to declare the portion of Soup Creek Road that traverses their land to be a private road over which Defendants had no easement to reach their parcel. Defendants counterclaimed that the road is a public highway established prior to 1895 through prescriptive use. The district court found no right-of-way or easement on Soup Creek Road and that any public prescriptive easement had been extinguished. The Supreme Court reversed, holding that only the part of Soup Creek Road that passed through Defendants’ parcel was abandoned and that the remainder of Soup Creek Road, including the portion crossing the Skeltons’ lot, continues to be a public highway. View "Soup Creek LLC v. Gibson" on Justia Law