Karches v. Adolph Investment Corporation

BRADY, Commissioner.

Plaintiffs are trustees of Lake Sherwood, a subdivision, and instituted this action against defendant, the owner of a 34-acre tract of land abutting the subdivision. Plaintiffs seek declaratory judgment and injunctive relief to limit defendant’s and its assign’s use of easement rights as to East and West Sherwood Drives, the access roads to defendant’s land.

Defendant’s tract of land and the subdivision were originally owned by the Schuermann Building and Realty Company which in September of 1947 plotted Lake Sherwood Subdivision. Lake Sherwood Subdivision was laid out in…