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Parrott v. Fairmont Dev. Inc.

The plaintiff failed to establish the existence of a prescriptive easement under O.C.G.A. § 44-5-163.

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David Parrott sued Fairmont Development, asserting that Fairmont destroyed a pipeline that supplied water to his property. Although the pipeline was on Fairmont’s property, Parrott asserted that he had acquired a prescriptive easement on that property. The trial court conducted a bench trial on Parrott’s claims for damages and injunctive relief.1 After the close of the evidence, Parrott moved the trial court to reopen the evidence. The trial court denied Parrott’s motion, entered judgment in favor of Fairmont, and this appeal ensued. For reasons that follow, we affirm.

1. In his first enumeration of error, Parrott contends that the trial court erred in denying his claim for damages. Parrott essentially argues that the evidence does not support the trial court’s conclusion that no prescriptive easement existed. In reviewing such argument, we note that the trial court is the factfinder in a bench trial, and we will affirm its holding on appeal if there is any evidence to support it.2

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