Hughes v. Ahlgrens
Annotate this CaseAppellants filed suit against Appellees under the Uniform Declaratory Judgment Act (UDJA), alleging that they possessed a prescriptive easement over a roadway on Appellees' property. The district court concluded that Appellants had failed to establish the elements for a prescriptive easement and awarded attorney fees to Appellees. Appellants appealed, contending that the district court abused its discretion in granting attorney fees because nothing in the UDJA allowed an award of attorney fees solely on the basis that one party prevails over the other, or that one party had to defend property rights. On review, the Supreme Court reversed the district court's award of attorney fees to Appellees, holding that Appellees failed to establish the threshold determination that equitable considerations supported the award.
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