Pace v. Carter

GODFREY, Justice.

The parties to this action are abutting landowners. A dispute about the use of a driveway across the land of appellants Pace gave rise to the instant complaint, filed on August 19, 1974, in which the Paces sought an injunction against the Carters’ further use of the driveway and compensation for water damage to the Paces’ home alleged to have been caused by the Carters’ grading and filling the driveway. The Carters denied liability for any damages and counterclaimed, seeking a declaration that they had acquired a prescriptive easement for use of the driveway.

By agreement with…