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· 3/6/2024

James L. Braswell, Sr. v. James F. Amick (2)

Syllabus

In this declaratory judgment action, James F. Amick argues the circuit court erred in finding James L. Braswell, Sr. had an appurtenant prescriptive easement across Amick's land. Amick contends the circuit court used an incorrect test in declaring the existence of the easement and failed to make findings necessary to show Braswell's \use of the dirt road was open and notorious by clear and convincing evidence.\ We affirm.

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