Bushart v. West

The opinion of the court was delivered by

Harman, C.:

This is an action for declaratory judgment wherein plaintiff L. M. Bushart seeks a determination that defendants’ use of his property for ingress and egress to an alley is permissive only, as by license, and may be made conditional. Plaintiff appeals from a determination that an implied easement exists instead.

Trial was to the court. Essentially there was little or no dispute as to the facts disclosed under the evidence. The property involved consists of three lots, numbered ten, eleven, twelve, located on block thirty-three fronting on…