JRN Holdings, LLC v. Dearborn Meadows Land Owners Ass'n, Inc.
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The Supreme Court affirmed in part and reversed in part the district court's ruling that the Dearborn Meadows Land Owners Association, Inc. (DMLOA) established on behalf of its members an implied easement by preexisting use and a prescriptive easement over Powerline Road across the property of JRN Holdings, LLC, holding that the district court erred in part.
Specifically, the Supreme Court held that the district court (1) did not err in declaring an implied easement by preexisting use for residential use of the Dearborn Meadows properties that had no other means of access to reach their land; (2) erred in determining that the implied easement extended to other DMLOA members; (3) did not err in determining that all DMLOA members held a prescriptive easement for both residential and recreational uses; (4) erred in ruling that either an implied easement or a prescriptive easement existed for use by the public; and (5) erred by awarding attorney fees to the DMLOA.
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