Smith v. Muellner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that temporary structures in easement area were not inconsistent with easement holder's interest in undeveloped easement and thus were not adverse
• holding the servient owner had no duty to keep a right-of-way clear by removing trees and natural vegetation
• rejecting claim that trial court improperly held party to higher standard of proof on prescriptive easement claim
• declining to review similar claim when party had failed to seek articulation
• whether correct burden of proof was applied is question of law subject to plenary review
• “[w]henaparty contests the burden of proof applied by the trial court, the standard of review is de novo because the matter is a question of law” [internal quotation marks omitted]

Source: CourtListener parenthetical corpus (CC0).