May v. Miller

SAUNDERS, Juáge.

|! This litigation arises from a property owner petitioning the court for a right of passage to its eneloseá estate. Motions for summary juágments were granteá removing several áefenáant lanáowners from the suit baseá on a fináing that their laná woulá not be subject to the eventual choice of route the court woulá make.

After a two áay trial aná post trial mem-oranáa were fileá on the issues, the trial court ruleá in favor of the plaintiffs by granting a twenty foot right of passage along a route it founá least injurious to the servient estate. The trial court also awaráeá…