Dep't of Transp. v. Mountain Vills., LLC

condemnation action; evidence supports the findings of fact and the findings of fact support the conclusion of law that defendant failed to meet its burden of establishing a prescriptive easement; doctrine of judicial estoppel inapplicable; plaintiff did not take a subsequent factual position that was clearly inconsistent with its earlier position

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Summary

condemnation action; evidence supports the findings of fact and the findings of fact support the conclusion of law that defendant failed to meet its burden of establishing a prescriptive easement; doctrine of judicial estoppel inapplicable; plaintiff did not take a subsequent factual position that was clearly inconsistent with its earlier position