Price v. Eastham
Annotate this CaseAppellant Thomas Price, Jr. posted "no trespassing" signs on his property in 1998 in an attempt to quell what he believed were an excessive number of snow machiners using a trail that crossed his land, damaging it, traveling at high speeds, and causing a great deal of noise. In 2003, the Supreme Court held that a group of snow machiners had established a public prescriptive easement over the trail but twice remanded the case to the superior court to define the scope of the easement. The superior court held additional hearings, and in 2007 issued a memorandum that defined the easement. Appellant appealed the court's definition. Upon review, the Supreme Court found that Appellant did not meet his burden of proving that the volume of snow machine traffic exceeded the scope of the easement. However, the Court reversed the superior court's decision that found the easement includes non-snow machine users. The Court remanded the case again for further clarification on the permissible scope of the snow machine easement, including seasonal limits, width and speed limit.
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