Albert W. Key v. Eleanore K. Allison and Baldwin County

Summary

The Alabama Supreme Court considered whether a century-old boardwalk across private property had become a public easement by prescription or dedication. The court held that the evidence established the elements of a public prescriptive easement and that the landowner failed to overcome the resulting presumption of dedication to public use. The judgment for the landowner was reversed and the case was remanded for further proceedings, including consideration of Baldwin County's maintenance obligations.

Holdings

1. When the evidence is undisputed, the ore tenus rule is inapplicable, and the Supreme Court reviews the evidence, the trial court's conclusions of law, and its application of law to the facts de novo.
2. The public acquired a prescriptive easement over the portion of the boardwalk crossing Allison's property because it used the open, defined roadway adversely, under a claim of right, for more than 20 years without objection or hindrance from the landowner.
3. Allison did not present evidence sufficient to overcome the presumption that the boardwalk had been dedicated or otherwise appropriated to public use.

Questions Presented

1. Whether the evidence established a public prescriptive easement over the portion of the boardwalk crossing Allison's property.
2. Whether the trial court erred in finding that the public's use of the boardwalk was permissive and therefore did not establish a public easement by prescription.
3. What standard of review applied to the trial court's judgment based on the undisputed evidence.

Disposition

reversed_and_remanded