Anderson v. Richards

OPINION

By the Court,

Batjer, J.:

Immediately prior to April 9, 1970, appellants placed gates and obstructions across Tunnel Creek Road, the roadway which had been the customary access to the respondent’s property. On April 9, 1970, respondent Paul A. Richards filed suit seeking the removal of the obstructions and alleging that he should have a right-of-way across appellants’ property using that roadway.

On May 20, 1970, the district court denied Richards’ request for a preliminary injunction and the case was tried, without a jury, on May 10, 1971. Additional evidence was taken on March 31, 1972.…