Lewis Clark County v. Schroeder

In 2010, Lewis and Clark County filed a complaint for declaratory judgment, asking the district court to declare that the entirety of Eagle Ridge Road was a sixty-foot public or county road or a sixty-foot public access easement from its intersection with Birdseye Road. After discussing the Supreme Court’s prior holding concerning Eagle Ridge Road in Schroeder v. Lewis & Clark County (Schroeder I), the district court determined that a portion of Eagle Ridge Road was not a public road and that no public prescriptive right existed over that portion of the road. The Supreme Court affirmed, holding (1) the Court may not revisit its ruling in Schroeder I; and (2) the district court did not misapply the law or misapprehend the evidence of prescriptive use when it determined that public prescriptive right exists over a portion of Eagle Ridge Road.View "Lewis Clark County v. Schroeder" on Justia Law