This is the second action filed against the Dales by Rafanelli. In 1992, Rafanelli brought an action against his land, known as the Whiterock Ranch.  He asked the court to rule that, known as Beall Canyon, the Dales had no right , title, or interest in any area of land across the Whiterock Ranch to access their lands. He believed that the use of routes on his property by the Dales was only permissive and could at any time be revoked. On the other side, The Dales counterclaimed that they had gained a prescriptive easement on the Whiterock Ranch over certain roads. During the course of the bench trial, Rafanelli argued that when the parties entered into discussions over Rafanelli's desire to purchase Defendant Dale 's share of the partnership interest in the Beall Canyon domain, the Dales had acknowledged the permissive nature of their access. Rafanelli's contentions were dismissed by the court. 

The use of Route B by the Dales persisted for the entire time that Whiterock Ranch was owned by the Carsons, the Thomases, and Rafanelli, a period four times longer than the legal five years required to secure a prescriptive easement. The court concluded that significant evidence supports the district court 's finding that the prescriptive easement factors, including the adverse and uninterrupted usage features, were defined by the Dales.