Rex T. Evans v. Duane Jensen

Rex Evans sued R. Duane Jensen, seeking an injunction to restrain him from obstructing a roadway and underpass leading through Jensen's land to Evans' property. Evans also sought damages caused by Jensen's obstruction of the road and by his removal of a cattle guard installed by Evans. Evans claimed a right to use the road as a public thoroughfare. Jensen counterclaimed seeking a declaration of his exclusive right to use the road and underpass and damages for Evans' alleged harassment of Jensen and his family. Several years after the suit was filed, Evans sold his property to Gerald Scott, whom Jensen brought into the suit as an additional plaintiff. As an alternative basis for relief, Scott contended that the plaintiffs had established a right to use the road as a prescriptive easement. Both Evans' and Scott's wives later were joined as parties to the suit. Without specifying the reasons for its Conclusions, the district court held that the plaintiffs had a right to use the road and granted the injunction. The court also awarded Evans damages for removal of the cattle guard. The court dismissed Jensen's counterclaim.