Luker v. Sykes

Summary

The court reversed the superior court's determination that the Lukers' property was burdened by a federally created right of way because Walker's homestead application had already removed the land from the public domain before the federal survey created the section lines. It affirmed the finding that an express easement existed because the auction materials, sales contract, and purchaser's testimony established the parties' intent to reserve access easements. The court also affirmed the rulings rejecting Sykes's bias, tort, discovery, trial-management, summary-judgment, and prevailing-party challenges.