Stichting v. United Park City Mines Co.
In this dispute over a mining road built on Flagstaff Mountain over a century ago, Plaintiffs sued Defendants, the owners of land traversed by the road, asserting a right to use the road as a public highway under the Mining Act of 1866 and the 1880 Utah Highway Act and also under a common law prescriptive easement claim. The district court granted summary judgment for Defendants and denied Plaintiffs’ motion for leave to file a second amended complaint. The Supreme Court affirmed, holding (1) Plaintiffs’ public road claim failed because Plaintiff did not present sufficient evidence of the road’s public use for a sufficient period of time; (2) Plaintiffs' common law prescriptive easement claim failed because Plaintiffs’ arguments on appeal were not preserved for appellate review; and (3) the court owed deference to the district court’s determination that the potential delay in proceedings was sufficient to defeat the presumption in favor of amendment. View "Stichting v. United Park City Mines Co." on Justia Law