Judd v. BowenAnnotate this Case
In this case involving a dispute over whether an easement by prescription existed to use a circular driveway touching adjacent cabins, the Supreme Court held that it improvidently granted certiorari.
The trial court granted the Judd family a prescriptive easement for both access and parking purposes. The court of appeals affirmed the easement for access, while limiting its scope, and reversed the easement for parking. The Supreme Court exercised its certiorari authority to determine questions over the correct standards for establishing prescriptive rights but then concluded that this case was not suitable for certiorari review under Utah R. App. P. 46.