United States Tenth Circuit

In a suit brought to remove defendant and his livestock from plaintiff's land, denial of defendant's property claims and an award of damages and fees to plaintiff is affirmed with the exception of the fees award where the district court correctly determined: 1) that because defendant had not exclusively possessed the land for the required time, he had not established a claim for adverse possession; and 2) that the use of the land for grazing was not sufficiently exclusive for the full prescriptive period to establish a prescriptive grazing easement under Oklahoma law; and 3) damages.

Appellate Information

• Decided 12/20/2007
• Published 12/21/2007

Judges

• TYMKOVICH, Circuit Judge., Before McCONNELL, McKAY and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brandon L. Jensen (Karen Budd-Falen with him on the briefs) Budd-Falen Law Offices, LLC, Cheyenne, WY, for Appellant.


• For Appellees:
  
• Frederick C. Cornish (William S. Leach and Alison A. Verret with him on the brief) Eldridge Cooper Steichen & Leach PLLC, Tulsa, OK, for Appellee.